Document ID: chunk:federal_register_of_legislation:F2023C00979:reg:3:p8
Version: federal_register_of_legislation:F2023C00979
Segment Type: reg
Provision Reference: reg 3 (pt 8/15)
Character Range: 33206–36004

suspending a certificate under subsection 63(2A), give the holder of the certificate a notice inviting the holder to show cause, within a reasonable period specified in the notice, why the certificate should not be suspended.
Note 2    The prescribed period is the maximum period a suspension may remain in force — the National Regulator may specify in writing an earlier period — see paragraph 63(3)(b) of the national law. The period may be described by reference to the fulfilment of a requirement or condition specified by the National Regulator — see subsection 63(4) of the national law.
Note 3   Because of the operation of subsection 60(6) of the national law, suspension of a certificate of competency does not extend the duration of the certificate.

20 Criteria for revocation of certificate
       (1) For paragraph 64(1)(b) of the national law, the criterion for the National Regulator to revoke a certificate of competency on application is that the holder of the certificate has given the National Regulator a declaration that the certificate is no longer in use.
       (2) For paragraph 64(2)(a) of the national law, the criteria for revocation of a certificate of competency by the National Regulator on the National Regulator's initiative are that:
(a) it is necessary in the interest of marine safety or protecting the environment; or
(b) the certificate was wrongly issued; or
(c) the person gave information to the National Regulator that was false or misleading; or
(d) the person contravened, or is contravening, a condition of the certificate; or
(e) the person has demonstrated incompetence or misconduct relating to the safe navigation, management or working of a vessel; or
(f) the person cannot, for any reason, properly perform the duties the person is permitted to perform under the certificate.
Note 1   The National Regulator may also revoke a certificate of competency if satisfied that the holder is not a fit and proper person to hold the certificate — see subsection 64(3) of the national law.
Note 2   Under subsection 72(1) of the national law, the National Regulator must, before revoking a certificate of competency, give the holder of the certificate a notice inviting the holder to show cause, within a reasonable period specified in the notice, why the certificate should not be revoked.

21 Return of revoked certificate
        For section 84 of the national law, the revoked certificate must be delivered to the National Regulator within 90 days of the day the certificate was revoked.
Division 4 Time before issue of certificate — signed declaration by final assessor

22 Application of Division
        This Division applies if:
(a) a person has applied for any of the following certificates:
 (i) General Purpose Hand NC;
 (ii) Coxswain Grade 2 NC;