8Duties of licensed pilot and licensed pilotage provider — Navigation Act, s 169(1)

8 Duties of licensed pilot and licensed pilotage provider — Navigation Act, s 169(1)

For paragraph 169(1)(a) of the Navigation Act:

(a) a duty of a licensed pilot is to provide information and advice while on a vessel to the master of the vessel to assist the safe navigation of the vessel in a compulsory pilotage area; and

(b) a duty of a licensed pilotage provider is to provide pilots and pilot transfers to a vessel and maintain a safety management system to ensure the safe navigation of the vessel in a compulsory pilotage area.

Note 1 It is an offence for a person to perform duties of a licensed pilot or a licensed pilotage provider if the person is not a licensed pilot or a licensed pilotage provider — see section 169 of the Navigation Act.

Note 2 It is an offence for a person to engage a person to perform duties of a licensed pilot if the person engaged is not a licensed pilot — see section 171 of the Navigation Act.

Division 2 Pilotage providers

Subdivision 2.1 Application, decision etc

9 Application

(1) A person (the applicant) may apply to AMSA for a pilotage provider licence.

Note 1 Giving false or misleading information is an offence against the Criminal Code, sections 136.1 and 137.1.

(2) The application must:

(b) include the applicant’s proposed safety management system.

Note 1 For the mandatory requirements for a safety management system — see section 43.

Note 2 If a form is approved for the application, the approved form must be used and is available on the AMSA website at http://www.amsa.gov.au — see Marine Order 1 (Administration) 2013.

(3) AMSA may, in writing, require the applicant to give AMSA additional information or documents that AMSA reasonably needs to decide the application.

(4) If AMSA requires additional information or documents of an applicant under subsection (3), AMSA is taken to have received the application only when AMSA receives the additional information or documents.

(5) AMSA must, within 60 days after AMSA receives the application, conduct a compliance audit of the applicant under section 20.