29Decision on application and notification of decision

29 Decision on application and notification of decision

(1) AMSA must, within the period mentioned in section 28:

(a) decide the application under section 31 of the Navigation Act; and

(c) if the decision is to refuse the application — tell the applicant, in writing, the reasons for the decision.

Note 1 A certificate of recognition or restricted certificate of recognition may only be issued by AMSA under section 31 of the Navigation Act if AMSA is satisfied that the criteria prescribed by this Order for the issue of that certificate are met — see paragraph 31(1)(b) of the Navigation Act.

Note 2 A decision by AMSA under s 31 of the Navigation Act to refuse to issue a seafarer certificate is a reviewable decision — see s 313 of the Navigation Act.

(2) For paragraph 31(1)(b) of the Navigation Act, the criteria for the issue by AMSA of a certificate of recognition to a person are as follows:

(a) AMSA is satisfied on reasonable grounds:

(i) about the applicant’s identity; and

(ii) that the applicant:

(A) is an Australian citizen; or

(B) is a permanent resident of Australia; or

(C) has a visa permitting the applicant to work in Australia; and

(iii) that the applicant holds a certificate that:

(A) was issued by a maritime administration of a foreign country and is equivalent to the certificate for which the applicant is applying; and

(B) was not issued under the STCW Convention near‑coastal arrangements of that country; and

(iv) that the applicant can comply with the Navigation Act; and

(v) that the applicant has completed training and short courses at least equivalent to those required for the equivalent seafarer certificate; and

(vi) that the applicant has completed qualifying seagoing service at least equivalent to the qualifying seagoing service required for the equivalent seafarer certificate;

(b) the applicant holds a certificate of medical fitness;

(c) for an application for a master or deck officer certificate of recognition — the applicant holds a GMDSS Radio Operators Certificate (that complies with STCW Code section A‑IV/2) or a GMDSS certificate of recognition;

(d) for an application for a master, deck officer or engineer officer certificate of recognition — the applicant has passed a final assessment.

(2A) Sub-subparagraph 29(2)(iii)(A) applies to an applicant for a certificate of recognition who holds an appropriate radio operator certificate that was not issued by a maritime administration of a foreign country as if it was issued by a maritime administration of a foreign country.