18Criteria for variation of certificate

18 Criteria for variation of certificate

(1) For paragraph 62(1)(b) of the national law, the criteria for the National Regulator to vary a certificate of competency on application are that:

(a) the certificate contains incorrect information; or

(b) the certificate no longer reflects the qualifications or competencies of the applicant.

(2) For paragraph 62(2)(a) of the national law, the criteria for variation of a certificate of competency by the National Regulator on the National Regulator’s initiative are that:

(a) the certificate contains incorrect information; or

(b) for the variation, imposition or removal of a condition on the certificate — the variation is required for the safe performance by the holder of the certificate of the duties or functions permitted by the certificate; or

(c) the person cannot, for any reason, properly perform the duties the person is permitted to perform under the certificate.

Note Under subsection 72(1) of the national law, the National Regulator must, before varying a certificate of competency, give the holder of the certificate a notice inviting the holder to show cause, within a reasonable period specified in the notice, why the variation should not be made.