Document ID: chunk:federal_register_of_legislation:F2018C00034:reg:9:p14
Version: federal_register_of_legislation:F2018C00034
Segment Type: reg
Provision Reference: reg 9 (pt 14/34)
Character Range: 42998–45869

the definition of fatigue management plan — see section 4.

39 Pilotage provider's plan
       (1)A pilotage provider may apply to AMSA for approval of a fatigue risk management plan.
Note    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.
       (2)The application must include the proposed fatigue risk management plan.
       (3)AMSA must, within 90 days after receiving the application:
(a) approve the application; or
(b) reject the application.
Note   A decision under this subsection is a reviewable decision — see section 83.
       (4)AMSA may approve the application only if AMSA is:
(a) satisfied that the pilotage provider's fatigue risk management plan differs from the default risk management plan; and
(b) satisfied that the pilotage provider's fatigue management plan adequately manages the risks caused by fatigue of pilots who are employed or contracted by the pilotage provider.
Note   A fee may be determined for this section — see the AMSA Act, s 47.
       (5)If AMSA does not approve the application within 90 days after receiving the application, AMSA is taken to have refused to approve the proposed risk management plan.
       (6)A fatigue risk management plan approval is subject to any condition imposed by AMSA.
       (7)AMSA may revoke the approval of a pilotage provider's fatigue risk management plan at any time if it is no longer satisfied with the plan.
Note   Decisions under this section are reviewable decisions — see section 83.

40 Variation of fatigue risk management plan
       (1)A pilotage provider may apply to AMSA for approval to vary the pilotage provider's approved fatigue risk management plan.
Note   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.
 (2) The application must include details of the proposed variation.
       (3)AMSA must:
(a) approve the application; or
(b) reject the application.
Note   A decision under this subsection is a reviewable decision — see section 83.
       (4)AMSA may approve the application only if AMSA is satisfied that the variation of the approved fatigue risk management plan does not prevent the plan from adequately managing the risks caused by fatigue of pilots who are employed or contracted by the pilotage provider.
Division 5 Safety management system
Note 1   It is a condition of a pilotage provider licence that the pilotage provider must have a safety management system — see Schedule 1. For the definition of safety management system — see section 4.
Note 2   An application for a pilotage provider licence must include the applicant's proposed safety management system — see subsection 9(2). A safety