Document ID: chunk:federal_register_of_legislation:F2023C00969:body:0:p7
Version: federal_register_of_legislation:F2023C00969
Segment Type: other
Provision Reference: 
Character Range: 15137–17775

the holder of the certificate has given the National Regulator a declaration that all the vessels to which the certificate applies are no longer performing the operations mentioned in the certificate; and
(b) any fees relating to the certificate have been paid.
Note for paragraph (a)   An example of a vessel no longer performing the operations mentioned in the certificate is a vessel that has been scrapped or sunk.
       (2) For paragraph 52(2)(a) of the national law, the criteria for revocation of a certificate of operation by the National Regulator on the National Regulator's initiative are that:
(a) the National Regulator considers it to be necessary in the interest of marine safety or protecting the environment; or
(b) the certificate was issued in error; or
(c) a detention notice, a direction, an improvement notice or a prohibition notice has not been complied with.
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.

14 Prescribed period for notice of vessel sold, modified or sunk
        For paragraph 57(1)(b) of the national law, the holder of a certificate of operation must notify the National Regulator within 14 days after the sale, modification, sinking or scrapping of a vessel to which the certificate of operation applies.
Division 4 Interpretation and transitional

15 Definitions
        In this Order:
briefer means a person who gives a briefing to the hirer and participants of a Class 4 vessel.
Class 1 vessel means a vessel that has the vessel use category 1 under section 2.1 of NSCV Part B.
Class 2 vessel means a vessel that has the vessel use category 2 under section 2.1 of NSCV Part B.
Class 3 vessel means a vessel that has the vessel use category 3 under section 2.1 of NSCV Part B.
Class 4 vessel means a vessel that has the vessel use category 4 under section 2.1 of NSCV Part B.
fast craft has the meaning given by the dictionary in NSCV Part B.
guide means a person who:
(a) is assigned by the owner of the vessel to give guidance on board to the hirer of the vessel and any participants about its designated cruising area; and
(b) is not the hirer or a participant; and