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AMSA MO 2014/12 Orders/Marine as made
This order prescribes different periods for suspension by the National Regulator of certificates of competency for different reasons.
Administered by: Infrastructure and Regional Development
Made 26 Jun 2014
Registered 28 Jun 2014
Tabled HR 08 Jul 2014
Tabled Senate 07 Jul 2014
Date of repeal 30 Jun 2014
Repealed by Division 1 of Part 5A of the Legislative Instruments Act 2003

AMSA MO 2014/12

I, Mick Kinley, Acting Chief Executive Officer of the Australian Maritime Safety Authority (the National Marine Safety Regulator under section 9 of the Marine Safety (Domestic Commercial Vessel) National Law), make this Order under subsection 163(1) of the Marine Safety (Domestic Commercial Vessel) National Law.

26 June 2014

Mick Kinley
Acting Chief Executive Officer


1          Name of Order

                 This Order is Marine Order 505 (Certificates of competency — national law) Amendment 2014 (No. 1).

2          Commencement

                 This Order commences on the day after it is registered.

3          Amendment of Marine Order 505 (Certificates of competency national law) 2013

                 Schedule 1 amends Marine Order 505 (Certificates of competency national law) 2013.


Schedule 1    Amendment

[1]       After section 18

insert

18A     Prescribed period of suspension

        (1)     For subparagraph 63(3)(b)(i) of the national law, the prescribed period is the following:

(a)   if the suspension is for a purpose mentioned in paragraph 63(2)(a) of the national law and a revocation show cause notice has not been given to the holder of the certificate within the 14 days after the holder has been notified in writing of the suspension — 14 days;

(b)   if the suspension is for a purpose mentioned in paragraph 63(2)(a) of the national law and a revocation show cause notice has been given to the holder of the certificate within the 14 days after the holder has been notified in writing of the suspension — 14 days after the earlier of the following:

             (i)   the end of the period specified in the show cause notice;

            (ii)  the day the National Regulator receives the response to the show cause notice;

(c)   if the suspension is for a purpose prescribed under paragraph 63(2)(b) of the national law — 6 months after the end of the period specified in the suspension show cause notice.

Note 1   Subsection 18(2) prescribes the purposes for suspension of a certificate of competency under paragraph 63(2)(b) of the national law.  Under paragraph 72(2)(a) of the national law the National Regulator must, before suspending a certificate under paragraph 63(2)(b), give the holder of the certificate a notice inviting the holder to show cause, within a reasonable period specified in the notice, why the certificate should not be suspended.

Note 2    The prescribed period is the maximum period a suspension may remain in force — the National Regulator may specify in writing an earlier period — see paragraph 63(3)(b) of the national law.

        (2)     In subsection (1):

revocation show cause notice means a notice given under paragraph 72(1)(a) of the national law.

suspension show cause notice means a notice given under paragraph 72(2)(a) of the national law.

Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.