Document ID: chunk:federal_register_of_legislation:F2013L00871:reg:18:p4
Version: federal_register_of_legislation:F2013L00871
Segment Type: reg
Provision Reference: reg 18 (pt 4/15)
Character Range: 102439–105364

of recognition are that the holder:
(a)  applies in writing to the Manager, Ship Operations and Qualifications, stating the nature of the variation sought; and
(b) is complying with the conditions of the certificate; and
(c) undertakes any additional training approved by the Manager, Ship Operations and Qualifications.
       11.2The Manager, Ship Operations and Qualifications may also vary a GMDSS certificate or a certificate of recognition without an application, by imposing restrictions on the use of the certificate, if any of the grounds mentioned in section 12 is established.

12 Certificates — criteria for revocation
       For section 33 of the Navigation Act, the criteria for revocation of a GMDSS certificate or a certificate of recognition are that the holder:
(a) has provided false or misleading information in the application for the certificate; or
(b) has contravened, or is contravening, a condition of the certificate; or
(c) has demonstrated incompetence or misconduct in navigation, management or working of a vessel; or
(d) cannot properly perform the duties the person is permitted to perform under the certificate.

13 Suspension of certificates
       13.1For paragraph 314(5)(b) of the Navigation Act, the Manager, Ship Operations and Qualifications may suspend a GMDSS certificate or a certificate of recognition if any of the grounds mentioned in section 12 is established.
       13.2If a GMDSS certificate or a certificate of recognition is suspended, it is not in force during the period of suspension.
       13.3A certificate may be suspended:
(a) for a stated period; or
(b) until a stated event happens.

14 Procedures required for revocation, suspension or variation
       The Manager, Ship Operations and Qualifications may revoke, suspend or vary a certificate by imposing restrictions on the use of the certificate only if:
(a) the holder has been told that action against the certificate is proposed, and has been given reasons for the proposed action; and
(b) the holder has been given copies of any documents that the Manager, Ship Operations and Qualifications will be using to make his or her decision; and
(c) the holder has been allowed at least 28 days to make submissions, which need not be in writing, about the proposed action; and
(d) the Manager, Ship Operations and Qualifications has considered any submissions made by the holder.

15 Return of revoked or suspended certificates
       15.1For section 40 and paragraph 314(5)(d) of the Navigation Act, a person who receives notice of a revoked or suspended GMDSS certificate or certificate of recognition must return the certificate to the Manager, Ship Operations and Qualifications within 14 days after receiving notice of the revocation or suspension.
Penalty 50 penalty units.
       15.2An offence against subsection 15.1 is a strict liability offence.
       15.3A person is liable to a civil penalty if the