Transport Operations (Marine Safety) Regulation 2016
sec.117Action by general manager after marine incident
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sec.117 Action by general manager after marine incident
This section applies to any of the following involved in a marine incident if the general manager has required a shipping inspector to investigate the marine incident under section 126 of the Act — a person who holds any of the following (each a relevant authority )— a pilot licence; a temporary permit; a temporary pilot licence under section 104 ; a pilotage exemption certificate; a ship that is the subject of either of the following (each also a relevant authority )— registration; temporary registration under section 104 ; an entity that holds a training program approval (also a relevant authority ). The general manager may, by signed notice given to the person, to the owner or master of the ship, or to the entity, suspend or amend the relevant authority. The notice must state each of the following— the grounds for suspension or amendment; an outline of the facts and circumstances forming the basis of the general manager’s decision; if the relevant authority is suspended— the suspension term, which must be reasonable in the circumstances but not longer than 6 months; or if the relevant authority is a temporary pilot licence or temporary registration under section 104 —that the effect of the suspension is that the temporary authority ends under section 104 (4) (c) ; if the relevant authority is amended—the way the authority is amended and for how long the amendment is to be in effect; the prescribed review information for the general manager’s decision. The suspension or amendment takes effect on the later of the following— the day when the notice is given to the holder; the day of effect stated in the notice. This section does not limit sections 115 and 116 . (sec.117-ssec.1) This section applies to any of the following involved in a marine incident if the general manager has required a shipping inspector to investigate the marine incident under section 126 of the Act — a person who holds any of the following (each a relevant authority )— a pilot licence; a temporary permit; a temporary pilot licence under section 104 ; a pilotage exemption certificate; a ship that is the subject of either of the following (each also a relevant authority )— registration; temporary registration under section 104 ; an entity that holds a training program approval (also a relevant authority ). (sec.117-ssec.2) The general manager may, by signed notice given to the person, to the owner or master of the ship, or to the entity, suspend or amend the relevant authority. (sec.117-ssec.3) The notice must state each of the following— the grounds for suspension or amendment; an outline of the facts and circumstances forming the basis of the general manager’s decision; if the relevant authority is suspended— the suspension term, which must be reasonable in the circumstances but not longer than 6 months; or if the relevant authority is a temporary pilot licence or temporary registration under section 104 —that the effect of the suspension is that the temporary authority ends under section 104 (4) (c) ; if the relevant authority is amended—the way the authority is amended and for how long the amendment is to be in effect; the prescribed review information for the general manager’s decision. (sec.117-ssec.4) The suspension or amendment takes effect on the later of the following— the day when the notice is given to the holder; the day of effect stated in the notice. (sec.117-ssec.5) This section does not limit sections 115 and 116 .