22Ships may be operated above maximum crew number in certain circumstances etc.

22 Ships may be operated above maximum crew number in certain circumstances etc.

(1) Where a shipowner who owns a ship for which there is a category certificate considers that special circumstances exist which require the ship to be operated on a voyage or voyages with a crew whose number is higher than the maximum crew number for the voyage or voyages under subsection 7(1), the shipowner may apply to the Secretary for approval for the operation of the ship on the voyage or voyages with a crew of that higher number. (2) An application under subsection (1) shall: (a) specify the special circumstances because of which the application is made; (b) specify the voyage or voyages to which the application relates; and (c) specify the number of the crew with which the applicant wishes the ship to be operated on the voyage or voyages. (3) As soon as practicable after the making of an application under subsection (1) in relation to a ship, the Secretary shall: (a) if the Secretary is satisfied that special circumstances exist which require the ship to be operated on a voyage or voyages specified in the application with a crew of the number specified in the application—approve the operation of the ship on the voyage or voyages with a crew of that number; or (b) if the Secretary is not so satisfied—refuse to approve such operation of the ship. (4) Without limiting the generality of subsection (3), the Secretary may be satisfied that special circumstances referred to in that subsection apply in relation to a ship because of the recent construction or modification of the ship. (5) Where a shipowner who owns a ship for which there is a category certificate considers that special circumstances exist which require the ship to be operated on a voyage or voyages with a crew all of whose members are not Australian residents, the shipowner may apply to the Secretary for approval for the operation of the ship on the voyage or voyages with such a crew. (6) An application under subsection (5) shall: (a) specify the special circumstances because of which the application is made; (b) specify the voyage or voyages to which the application relates; and (c) specify the number of the members of the crew whom the applicant wishes to be persons other than Australian residents. (7) As soon as practicable after the making of an application under subsection (5) in relation to a ship, the Secretary shall: (a) if the Secretary is satisfied that special circumstances exist which require the ship to be operated on a voyage or voyages specified in the application with a crew a number of whom specified in the application are not Australian residents—approve the operation of the ship on the voyage or voyages with such a crew; or (b) if the Secretary is not so satisfied—refuse to approve such operation of the ship. (8) Without limiting the generality of subsection (7), the Secretary may be satisfied that special circumstances referred to in that subsection apply in relation to a ship’s voyage because: (a) a person possessing particular skills is required to be a member of the crew on the voyage; and (b) an Australian resident possessing those skills is not available to be engaged as a member of that crew. (9) Where the Secretary, in relation to an application under subsection (1) or (5), refuses to approve the operation of a ship in accordance with the application, the Secretary shall give the applicant notice in writing of the refusal setting out the reasons for it.