Document ID: chunk:federal_register_of_legislation:F2018C00034:reg:9:p8
Version: federal_register_of_legislation:F2018C00034
Segment Type: reg
Provision Reference: reg 9 (pt 8/34)
Character Range: 27675–30474

for renewal of a licence under this section, the licence remains in force until the application is decided.

17 Decision on application for renewal
       (1)This section applies if AMSA receives an application for renewal of a pilotage provider licence under section 16.
       (2)AMSA must not later than 90 days after AMSA receives the application:
(a) decide the application for renewal; and
(b) tell the pilotage provider, in writing, about the decision on the application.
       (3)AMSA must:
(a) renew the licence; or
(b) refuse to renew the licence.
Note   A decision under this section is a reviewable decision — see section 83.
       (4)If AMSA does not renew the pilotage provider licence of the pilotage provider within 90 days after receiving the application, AMSA is taken to have refused to renew the licence.
       (5)AMSA may renew a pilotage provider licence only if it is satisfied that:
(a)  a compliance audit has been conducted under Subdivision 2.4 for the application which shows the systems of the pilotage provider comply with this Order; and
(b) the pilotage provider can comply with the Navigation Act and this Order.
       (6)Subsection (5) does not limit the matters AMSA may consider in making a decision under this section.
Subdivision 2.3 Surrender and return of licences

18 Surrender of licence
       (1)A pilotage provider may surrender a pilotage provider licence issued to the provider, that is in force or not in force, by giving written notice (a surrender notice) of the surrender to AMSA.
       (2)The surrender notice must be accompanied by:
(a) the licence; or
(b) if the licence has been lost, stolen or destroyed — a statutory declaration signed by the pilotage provider stating that the licence has been lost, stolen or destroyed.
Note 1   If a form is approved for the application, the approved form must be used and is available on the AMSA website at http://www.amsa.gov.au — see Marine Order 1 (Administration) 2013.
Note 2   The Statutory Declarations Act 1959 applies to the making of statutory declarations.

19 Return of licence
       If a person ceases to be a licensed pilotage provider before the person's licence expires under section 13, the person must return the licence to AMSA no later than 14 days after the person ceases to be a licensed pilotage provider.
Subdivision 2.4 Compliance audits

20 When compliance audit may be conducted
       (1)AMSA, or an approved auditor of behalf of AMSA, may conduct a compliance audit of a person in any of the following circumstances:
(a) the person applies for a pilotage provider licence under section 9;
(b) AMSA decides to vary the person's pilotage provider licence under section 14;
(c) the person applies for a variation of the person's pilotage provider licence under section 15;