34Taking disciplinary action subject to demerit points system

34 Taking disciplinary action subject to demerit points system

AMSA must not take disciplinary action against a person if the person is, at the time the disciplinary action would otherwise have been taken, involved in a disciplinary incident under Division 3.

Note If a pilotage provider licence is suspended under Division 3, AMSA may reprimand the provider, direct the provider to do a stated thing or require the provider to complete a stated course of training to the satisfaction of AMSA or another stated person — see pr 40.3.

Division 3 Demerit points

Subdivision 3.1 Definitions

35 Definitions for Division 3

compliance period, for a person holding a pilotage provider licence, means the period of 1 year beginning on the day when the pilotage provider licence was last issued, or any 1 year period beginning on the anniversary of that day.

demerit infringement, for a person holding a pilotage provider licence, means an infringement against a provision mentioned in table 36.3.

demerit points register means the register under provision 42.

disciplinary incident, for a person holding a pilotage provider licence, means the contravention of a condition of a person’s pilotage provider licence that gave rise to the demerit infringement.

maximum demerit points, for a pilotage provider licence during a compliance period, means:

(a) for a licence reinstated under provision 33 — the number of demerit points calculated in accordance with provision 39.3 for the remainder of the compliance period; or

(b) in any other case — 40 demerit points.