Document ID: chunk:federal_register_of_legislation:F2024C01133:reg:8:p1
Version: federal_register_of_legislation:F2024C01133
Segment Type: reg
Provision Reference: reg 8 (pt 1/9)
Character Range: 55858–58675

8     Certificate of proficiency as ECDIS trained                                                 Perpetual

Note   For the meaning of functions endorsement and vessel endorsement — see s 4.
       (4) However, the term of an endorsement of a certificate of recognition must be the same as the remainder of the term of the equivalent endorsement of the primary certificate unless AMSA determines another term.
       (5) This section applies to the revalidation of an endorsement in the same way that it applies to an endorsement.

38 Application process for revalidation of endorsement
       (1) A person who holds a functions endorsement or a vessel endorsement may apply to AMSA for revalidation of the endorsement under subsection 31(1).
       (2) Subdivision 5.1 applies to an application for revalidation of an endorsement in the same way as it applies to an application for revalidation of a certificate.
       (3) AMSA may revalidate a vessel endorsement of a kind mentioned in an item in Table 2.3 of Schedule 2 only if the person holding the endorsement satisfies the requirements for revalidation mentioned in the item for the endorsement.
       (4) AMSA may revalidate a functions endorsement of a kind mentioned in Table 2.4 of Schedule 2 only if the person holding the endorsement satisfies the requirements for revalidation mentioned in the item for the endorsement.
Note   Section 37 applies to the term of revalidation of an endorsement — see subs 37(5).
Division 6 General

39 Approved courses and assessments — timing
        If a certificate may be issued or revalidated only if the person passes a final assessment:
(a) AMSA may decide when the person is to undergo the final assessment; and
(b) the person must pass the final assessment within the 5 years before the certificate is issued or revalidated; and
(c) if the person does not pass the final assessment, AMSA may decide that the person cannot be reassessed until the end of a period of not more than 6 months after the person underwent the final assessment.

40 Responsibility of vessel owner
       (1) The owner of a vessel must, if requested by a seafarer who is performing or has performed duties or functions in relation to the vessel, give to the person making the request details about any of the following that the seafarer requires for an application under this Order:
(a) his or her service with the owner;
(b) any training mentioned in the STCW Code that the seafarer has undertaken while performing duties or functions in relation to the vessel.
Penalty: 50 penalty units.
       (2) An offence against subsection (1) is a strict liability offence.
       (3) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty:  50 penalty units.

41 Revocation of certificates
       (1) AMSA