Document ID: chunk:federal_register_of_legislation:F2024L01458:body:0:p9
Version: federal_register_of_legislation:F2024L01458
Segment Type: other
Provision Reference: 
Character Range: 19752–22527

false or misleading;
(c) investigating whether any condition on the certificate has been, or is likely to be, breached;
(d) ensuring necessary repairs are made to the vessel;
(e) ensuring that the vessel is not operated in contravention of a detention notice, a direction, an improvement notice or a prohibition notice.
Note   The National Regulator must suspend a certificate if satisfied the suspension is necessary for other purposes (eg protecting human life) — see subsection 51(2) of the national law.
       (3) For subparagraph 51(3)(b) of the national law, the period of suspension is:
(a) for a suspension on application mentioned in subsection 51(1) of the national law — 18 months; and
(b) for a suspension on the National Regulator's initiative mentioned in subsections 51(2) and (2A) of the national law — 24 months.
Note 1    Under paragraph 72(2)(a) of the national law the National Regulator must, before suspending a certificate under subsection 51(2A), give the holder of the certificate a notice inviting the holder to show cause, within a reasonable period specified in the notice, why the certificate should not be suspended.
Note 2   The prescribed period is the maximum period a suspension may remain in force. The National Regulator may specify in writing an earlier period — see paragraph 51(3)(b) of the national law.

14 Criteria for revocation of certificate
       (1) For paragraph 52(1)(b) of the national law, the criteria for revocation of a certificate of operation on application are that:
(a) the holder of the certificate has stated in writing that all the vessels to which the certificate applies are no longer performing the operations mentioned in the certificate; and
(b) any fees owed to the National Regulator have been paid.
Note for paragraph (a)   An example of a vessel no longer performing the operations mentioned in the certificate is a vessel that has been scrapped or sunk.
       (2) For paragraph 52(2)(a) of the national law, the criteria for revocation of a certificate of operation by the National Regulator on the National Regulator's initiative are that:
(a) the National Regulator considers it to be necessary in the interest of marine safety or protecting the environment; or
(b) the certificate was issued in error; or
(c) a detention notice, a direction, an improvement notice or a prohibition notice has not been complied with; or
(d) the National Regulator considers that information that is false or misleading has been provided in the application for the issue of the certificate; or
(e) a condition on the certificate has been breached, or is likely to be breached.
Note   The National Regulator may also revoke a certificate of operation if satisfied that the holder is not a fit and proper person to hold