40Nomination of boat

40 Nomination of boat

(1) The holder of 1 or more SFRs may apply to AFMA, in an approved form, for a boat to be entered in the Register as the nominated boat, or 1 of the nominated boats, for the SFRs.

(2) A boat may be a nominated boat for only 1 holder.

(3) An application under subsection (1) must be accompanied by:

(a) both:

(i) a statement by the holder, in an approved form, that the boat can safely and lawfully carry an observer and the observer’s safety and monitoring equipment; and

(ii) a written undertaking by the holder, in an approved form, to carry an observer and the observer’s safety and monitoring equipment on the boat if AFMA asks the holder to do so; or

(b) a written statement by the holder explaining why it is not safe to carry an observer and the observer’s safety and monitoring equipment on the boat.

(4) AFMA may refuse an application if the boat is incapable of carrying an observer and the observer’s safety and monitoring equipment.

(5) If AFMA approves an application under subsection (1), AFMA must:

(a) enter in the Register, in relation to the nominated boat, the details required by the ETBF Regulations to be entered in the Register; and

(b) give to the holder an extract of the Register that:

(i) states the conditions to which the SFR is subject; and

(ii) states the name of the nominated boat; and

(iii) is signed for AFMA by a person having authority to sign it.

(6) An applicant may seek a review of a decision not to enter a boat in the Register as the nominated boat for an SFR, as if the decision were a relevant decision under section 165 of the Act.