Document ID: chunk:federal_register_of_legislation:F2024C00974:reg:17
Version: federal_register_of_legislation:F2024C00974
Segment Type: reg
Provision Reference: reg 17
Character Range: 29093–31312

17  Certificates of competency
 (1) In this section:
new certificate of competency means a certificate of competency issued by the National Regulator under section 60 of the National Law.
old certificate of competency means a certificate of competency (however described) issued by the maritime safety authority of a State or the Northern Territory:
 (a) for a certificate in force immediately before 1 July 2013—before 1 July 2013; or
 (b) for a certificate applied for before 1 July 2013, but for which the application was not finally determined by 1 July 2013—before 1 January 2014.
trigger date, for an old certificate of competency, means the date on which the certificate ceases under the State or Northern Territory law.
 (2) For subsection 165(4) of the National Law:
 (a) an old certificate of competency mentioned in paragraph (a) of the definition of old certificate of competency is taken to be, in the period starting on 1 July 2013 and ending on the trigger date, a new certificate of competency; and
 (b) an old certificate of competency mentioned in paragraph (b) of the definition of old certificate of competency is taken to be, in the period starting on the date that the certificate is issued and ending on the trigger date, a new certificate of competency.
 (3) For subsection 165(3) of the National Law, the operation of section 60 of the National Law is taken to be modified by repealing paragraph (4)(a) and substituting the following paragraph:
 (a) for an old certificate of competency mentioned in subsection 17(2) of the Marine Safety (Domestic Commercial Vessel) National Law Regulation 2013:
 (i) the conditions (if any) that applied to the certificate immediately before 1 July 2013 or, if the certificate was issued within 6 months of 1 July 2013, on the day that the certificate was issued; and
 (ii) the requirements (if any) that applied to the certificate by operation of a provision of a law of the State or the Northern Territory immediately before 1 July 2013 or, if the certificate was issued within 6 months of 1 July 2013, on the day that the certificate was issued; and
 (ab) for any other certificate of competency—the conditions (if any) prescribed by the regulations; and