49Immediate suspension of certificate

49 Immediate suspension of certificate

(1) AMSA may suspend a seafarer certificate held by a person immediately by giving the person a written notice (an immediate suspension notice) if AMSA reasonably considers that:

(a) there is a ground for regulatory action; and

(b) it is in the public interest that the certificate be suspended before a decision is made whether to take regulatory action under subsection 48(2).

(2) If an immediate suspension notice is given to the person:

(a) the suspension takes effect when the notice is given to the person; and

(b) the person must surrender the certificate to AMSA.

(3) AMSA must, within 14 days after giving a person an immediate suspension notice:

(a) give the person a regulatory action notice; or

(b) tell the person in writing that a regulatory action notice will not be given to the person for the same circumstances.

(4) The immediate suspension of the certificate ends when the earliest of the following happens:

(a) if the person is told in writing under paragraph (3)(b) that a regulatory action notice will not be given to the person for the same circumstances — the day AMSA tells the person;

(b) if the person is given a regulatory action notice under paragraph (3)(a) — 14 days after AMSA gives the person written notice of AMSA’s decision under subsection 48(3);

(c) if the person is not given either notice under subsection (3) within 14 days after the immediate suspension notice was given to the person — 14 days after the suspension of the notice had effect;

(d) AMSA revokes the immediate suspension notice.