Document ID: chunk:federal_register_of_legislation:F2023C00979:reg:3:p11
Version: federal_register_of_legislation:F2023C00979
Segment Type: reg
Provision Reference: reg 3 (pt 11/15)
Character Range: 40814–43439

approval
       (1) The holder of an approval to conduct final assessments may apply to the National Regulator for the variation, suspension or revocation of the approval.
       (2) The National Regulator may, in writing, vary an approval if it is satisfied that:
(a) the variation sought means that the organisation continues to meet the criteria in Schedule 6; and
(b) the organisation has complied with the conditions in Schedule 7.
       (3) The National Regulator may, in writing, suspend or revoke an approval if it considers that:
(a) the organisation does not meet one or more of the criteria in Schedule 6; or
(b) the organisation fails to comply with a condition in Schedule 7; or
(c) a proposed partnership or subcontracting arrangement is not appropriate for the delivery of assessments.
       (4) A suspension has effect for the time specified, in writing, by the National Regulator.

31 Review of approval decisions
        The following decisions by the National Regulator are taken to be reviewable decisions for section 16 of Marine Order 501:
(a) to refuse to approve an organisation to conduct final assessments;
(b) to refuse to extend an approval;
(c) to vary an approval ;
(d) to refuse to vary an approval;
(e) to suspend an approval;
(f) to refuse to suspend an approval;
(g) to revoke an approval;
(h) to refuse to revoke an approval.
Division 7 Transitional and savings

32 Transitional
       (1) Subsections (2) to (5) apply to an application to the National Regulator for any matter mentioned in this Marine Order if the application:
(a) is made before 1 January 2023; and
(b) is not decided before 1 January 2023.
       (2) The application is taken to be an application to which this Marine Order applies.
       (3) If the application is for the issue of a Master <35 m NC, it is taken to be an application for a Master <45 m NC.
       (4) If the application is for the issue of a Master <80 m NC, it is taken to be an application for a Master <100 m NC.
       (5) If the application is for the issue of a Mate <80 m NC, it is taken to be an application for a Master <24 m NC.

33 Savings
       (1) Subsections (2) and (3) apply to an approval for an organisation to conduct final assessments that was in effect on 31 December 2022.
       (2) The approval continues to apply to the organisation.
       (3) Sections 28 to 30 of this Marine Order apply to the approval.
       (4) An endorsement on a certificate on 31 December 2022 continues to apply to the certificate after 31 December 2022 until the certificate is no longer in force.
Note   A certificate of competency issued before