Document ID: chunk:federal_register_of_legislation:C2024C00559:clause:1_48
Version: federal_register_of_legislation:C2024C00559
Segment Type: clause
Provision Reference: sch 1 cl 48
Character Range: 88904–91124

48  Issue of certificate of operation
 (1) The National Regulator must issue a certificate of operation for one or more domestic commercial vessels if:
 (a) an application for the certificate has been made under section 47; and
 (b) the National Regulator is satisfied that the applicant has demonstrated appropriate competence and capacity in relation to the safe operation of the vessel; and
 (c) the National Regulator is satisfied that the criteria prescribed by the regulations are met in relation to the issue of the certificate.
 (2) Despite subsection (1), the National Regulator may refuse to issue a certificate of operation for one or more domestic commercial vessels if the National Regulator is satisfied that the applicant is not a fit and proper person to hold the certificate.
 (3) Without limiting the criteria that may be prescribed, the regulations are to include criteria relating to the safe operation of vessels.
 (4) A certificate of operation is subject to:
 (a)  the conditions (if any) prescribed by the regulations; and
 (b) the conditions (if any) imposed by the National Regulator.
 (5) Conditions prescribed by the regulations or imposed by the National Regulator on a certificate of operation may include, but are not limited to, conditions relating to the following for each vessel to which the certificate relates:
 (a) the number of crew required to be on board while the relevant vessel or vessels are being operated;
 (b) qualifications of the master and crew;
 (c) the number of people that may be on board;
 (d) the condition of specified physical parts of the relevant vessel or vessels;
 (e) safety management systems;
 (f) limitations on use by reference to geographical and meteorological factors and time of day;
 (g) operating hours;
 (h) compliance with standards prescribed as mentioned in section 159.
 (6) A certificate of operation:
 (a) comes into force on the day specified in the certificate, or, if no day is so specified, on the day on which it is issued; and
 (b) subject to subsection (7), remains in force until the day specified in the certificate, unless it is revoked earlier.
 (7) A certificate of operation is not in force at any time when it is suspended.