40Suspension of pilotage provider licence

40 Suspension of pilotage provider licence

40.1 If a pilotage provider incurs the maximum demerit points or more in a compliance period, the provider’s pilotage provider licence is suspended and remains suspended until reinstated.

40.2 AMSA must give notice of licence suspension under provision 41 to the pilotage provider and the pilotage provider may continue to operate as a pilotage provider until the provider receives, or is taken to have received, the notice.

40.3 AMSA, on suspension of a licence under this provision, may also take the following disciplinary action against the pilotage provider:

(a) reprimand the provider;

(b) direct the provider to do a stated thing;

(c) require the provider to complete a stated course of training to the satisfaction of AMSA or another stated person;

(d) on reinstating the licence — amend the pilotage provider licence, including by imposing a condition on the licence or amending an existing condition of the licence.

Note For how disciplinary action is taken against the provider — see Subdivision 2.5.

40.4 In considering what disciplinary action to take under provision 40.3, AMSA must take into account the following matters:

(a) the need to protect public safety;

(b) the need to protect the marine environment;

(c) the regularity of the disciplinary incidents to which the demerit points relate;

(d) the seriousness of the disciplinary incidents to which the demerit points relate;

(e) the likelihood of further disciplinary incidents relating to the provider.

40.5 AMSA may, in considering what disciplinary action to take under provision 40.3, take into account any other relevant consideration.

40.6 Suspension of the licence under provision 40.2 comes into effect when the notice is served under provision 41.