20Criteria for revocation of certificate

20 Criteria for revocation of certificate

(1) For paragraph 64(1)(b) of the national law, the criterion for the National Regulator to revoke a certificate of competency on application is that the holder of the certificate has given the National Regulator a declaration that the certificate is no longer in use.

(2) For paragraph 64(2)(a) of the national law, the criteria for revocation of a certificate of competency by the National Regulator on the National Regulator’s initiative are that:

(a) it is necessary in the interest of marine safety or protecting the environment; or

(b) the certificate was wrongly issued; or

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

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

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

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

Note 1 The National Regulator may also revoke a certificate of competency if satisfied that the holder is not a fit and proper person to hold the certificate — see subsection 64(3) of the national law.

Note 2 Under subsection 72(1) of the national law, the National Regulator must, before revoking 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 certificate should not be revoked.