Ships (Capital Grants) Act 1987
13Review of decisions about category certificates
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13 Review of decisions about category certificates
(1) Where, on an application under section 12, the Secretary refuses to give a category certificate, the applicant may, within 28 days after the giving of the notice of the refusal, lodge an application in writing with the Secretary for the reconsideration of the first‑mentioned application setting out reasons for the reconsideration. (2) As soon as practicable after the lodgment of an application under subsection (1) for the reconsideration of an application under section 12 in relation to a ship, the Secretary shall, after so reconsidering the application under section 12, considering the application under subsection (1) and making such inquiries as the Secretary considers necessary: (a) if the Secretary is satisfied that the reconsidered application complies with subsection 12(2) and that, while the ship is owned by the applicant, it could fall into a category or categories specified in the reconsidered application—give a category certificate for the ship specifying that category or categories; or (b) if the Secretary is not so satisfied—refuse to give a category certificate for the ship. (3) Where the Secretary, in relation to an application reconsidered under subsection (2), refuses to give a category certificate, the Secretary shall give the applicant notice in writing of the refusal setting out the reasons for it. (4) Where the Secretary, in relation to an application reconsidered under subsection (2), gives a category certificate but does not specify in the certificate a category specified in the application, the Secretary shall give the applicant particulars in writing of the reasons for not specifying the category in the certificate. (5) The making of an application under subsection (1) for the reconsideration of an application under section 12 for a category certificate for a ship does not prevent the making of a further application under that section for such a certificate. (6) Where: (a) a category certificate is given under section 12 or subsection (2); and (b) the certificate does not specify a category or categories specified in the application for the certificate; the applicant may, within 28 days after the giving of the certificate, lodge with the Secretary an application in writing for the insertion in the certificate of the unspecified category or categories setting out the reasons for the insertion. (7) As soon as practicable after the lodgment of an application under subsection (6) in relation to a ship, the Secretary shall, after considering the application and making such inquiries as the Secretary considers necessary: (a) if the Secretary is satisfied that, while the ship is owned by the applicant, it could fall into a category or categories specified in the application—insert the category or categories in the ship’s category certificate; or (b) if the Secretary is not satisfied that, while the ship is owned by the applicant, it could fall into a category or categories specified in the application—refuse to so insert the category or categories. (8) Where the Secretary, in relation to an application under subsection (6), refuses to insert a category or categories in a ship’s category certificate, the Secretary shall give the applicant notice in writing of the refusal setting out the reasons for it.