Document ID: chunk:federal_register_of_legislation:F2024L01458:body:0:p10
Version: federal_register_of_legislation:F2024L01458
Segment Type: other
Provision Reference: 
Character Range: 22304–24959

(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 the certificate — see subsection 52(3) of the national law.
       (3) A certificate of operation may only be revoked by the National Regulator under subsection (2) if:
(a) the National Regulator has given a show cause notice; and
(b) within 30 days after the notice is given, the certificate holder has not given the National Regulator reasons that the National Regulator considers acceptable for not revoking the certificate.
Division 4 Other matters

15 Appropriate crewing determination for vessels ≥80 m or ≥3000 GT or ≥3000 kW
       (1) For a vessel that is ≥80 m or ≥3000 GT or ≥3000 kW — the owner of the vessel must apply to the National Regulator at least every 5 years for a determination of appropriate crewing for the vessel.
Note   The application can be made at the same time as the application for the issue or reissue (renewal) of a certificate of operation for the vessel.
       (2) The National Regulator must determine the appropriate crewing having regard to the following:
(a) safety and security of the vessel;
(b) safety of navigation;
(c) safety of crew, passengers, cargo and property;
(d) protection of the environment;
(e) compliance with:
 (i) the conditions imposed on the vessel's certificate of operation; and
 (ii) this Marine Order; and
 (iii) the national law.
       (3) A decision to determine appropriate crewing for the vessel is a reviewable decision for sections 16 and 17 of Marine Order 501.

16 Temporary crewing permit
       (1) For a vessel that is not a Class 4 vessel — the owner of the vessel may apply to the National Regulator for a temporary crewing permit.
       (2) Subject to subsection (3), the National Regulator may issue a temporary crewing permit for up to 3 months if satisfied that:
(a) the appropriate crewing for the vessel is less than the minimum crewing that would otherwise apply to the vessel under clause 8 of Schedule 1; and
(b) the minimum crewing that would otherwise apply to the vessel under clause 8 of Schedule 1 is impracticable or would cause unreasonable or unnecessary expense; and
(c) the vessel is able to continue to be operated safely with the temporary crewing arrangement.
       (3) For a vessel ≥24 m in length — the role of the master may not be subject to a temporary crewing permit unless the vessel is subject to a force majeure event.
       (4) A decision to refuse to issue the temporary crewing permit is a reviewable decision for