Document ID: chunk:federal_register_of_legislation:C2024C00559:clause:1_60
Version: federal_register_of_legislation:C2024C00559
Segment Type: clause
Provision Reference: sch 1 cl 60
Character Range: 98781–100827

60  Issue of certificate of competency
 (1) The National Regulator must issue a certificate of competency to a person if:
 (a) the person has made an application for the certificate under section 59; and
 (b) the National Regulator is satisfied that the criteria prescribed by the regulations are met in relation to the issue of the certificate.
 (2) Despite subsection (1), the National Regulator may refuse to issue a certificate of competency to a person if the National Regulator is satisfied that the applicant is not a fit and proper person to hold the certificate.
 (3) Without limiting the criteria that may be prescribed, the regulations:
 (a) are to include criteria required to be satisfied for a particular certificate of competency to be issued to a person; and
 (b) may include criteria relating to tests, including medical tests, and assessments of experience and competence.
 (4) A certificate of competency is subject to:
 (a) the conditions (if any) prescribed by the regulations; and
 (b) the conditions (if any) imposed by the National Regulator.
 (5) Conditions prescribed by the regulations or imposed by the National Regulator may include, but are not limited to:
 (a) conditions relating to tests, including medical tests, and assessments of experience and competence, that the holder of the certificate must take in order to retain the certificate; and
 (b) limitations relating to the types or classes of domestic commercial vessels that the holder of the certificate is authorised to operate; and
 (c) the places and kinds of waters in which, and periods during which, the holder of the certificate is authorised to operate domestic commercial vessels.
 (6) A certificate of competency:
 (a) comes into force on the day specified in the certificate or, if no day is specified, the day on which it is issued; and
 (b) subject to subsection (7), remains in force until the day specified in the certificate, unless it is revoked earlier.
 (7) A certificate of competency is not in force at any time when it is suspended.