19Suspension of certificate

19 Suspension of certificate

(1) For paragraph 63(1)(b) of the national law, the criteria for the National Regulator to suspend a certificate of competency on application are that the holder of the certificate has given the National Regulator a declaration that the certificate will not be used for the period for which the suspension is sought.

(2) For subsection 63(2A) of the national law, the purposes for the suspension of a certificate of competency by the National Regulator on the National Regulator’s initiative are the following:

(a) to ensure that fees owed to the National Regulator are recovered;

(b) to ensure that the eligibility and medical requirements of this Marine Order are met;

(c) to investigate whether the holder of the certificate:

(i) gave information to the National Regulator that was false or misleading;

(ii) contravened, or is contravening, a condition of the certificate;

(iii) has demonstrated incompetence or misconduct relating to the safe navigation, management or working of a vessel;

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

Note The National Regulator must suspend a certificate if satisfied the suspension is necessary for other purposes: protecting human life, securing the safe navigation of vessels or dealing with an emergency involving a serious threat to the environment — see subsection 63(2) of the national law.

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

(a) for a suspension on application mentioned in subsection 63(1) of the national law — 18 months; and

(b) for a suspension on the National Regulator’s initiative mentioned in subsections 63(2) and (2A) of the national law — 24 months.

Note 1 Under paragraph 72(2)(a) of the national law the National Regulator must, before suspending a certificate under subsection 63(2A), 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. The period may be described by reference to the fulfilment of a requirement or condition specified by the National Regulator — see subsection 63(4) of the national law.

Note 3 Because of the operation of subsection 60(6) of the national law, suspension of a certificate of competency does not extend the duration of the certificate.