Document ID: chunk:federal_register_of_legislation:F2024C01133:reg:8:p3
Version: federal_register_of_legislation:F2024C01133
Segment Type: reg
Provision Reference: reg 8 (pt 3/9)
Character Range: 60959–63858

issuing a replacement certificate.

45 Availability of information about seafarer certificates
        AMSA may make available, on request, to the owner of a vessel or to the Administration of a country that is a Party to the STCW Convention information about the status of a seafarer certificate or an endorsement of a seafarer certificate issued by AMSA, including information about whether it has been suspended or cancelled.
Note   For the reasons for this section — see paragraph 15 of regulation I/2 of the STCW Convention.
Division 7 Regulatory action

46 Grounds for regulatory action
        Each of the following is a ground for regulatory action against a person holding a seafarer certificate:
(a) the person gave information to AMSA about the application for the person's certificate that was false or misleading;
(b) the person contravened, or is contravening, a condition of the certificate;
(c) the person has demonstrated incompetence or misconduct relating to the safe navigation, management or working of a vessel;
(d) the person cannot for any reason properly perform the duties the person is permitted to perform under the certificate.

47 Forms of regulatory action
        Each of the following is regulatory action that may be taken under subsection 48(2) against a person holding a seafarer certificate:
(a) requiring the person to complete stated training appropriate for the duties or functions the person is permitted to perform under the certificate to the satisfaction of AMSA or another stated person;
(b) amending the certificate, including by:
 (i) imposing a condition on the certificate or amending or removing an existing condition of the certificate; or
 (ii) imposing a condition on the endorsement of the certificate or amending or removing an existing condition of the endorsement of the certificate;
(c) suspending the certificate:
 (i) for a stated period; or
 (ii) until a stated event happens;
(d) revoking the certificate;
(e) disqualifying the person from applying for a certificate, or a particular endorsement of a certificate:
 (i) for a stated period; or
               (ii) until a stated event happens.
Note   A certificate of recognition is a kind of seafarer certificate — see subsection 7(2).

48 Taking regulatory action
       (1) If AMSA proposes to take regulatory action against a person, AMSA must give the person a written notice (a regulatory action notice) that:
(a) mentions the proposed action (including any proposed disqualification period, suspension period or amendment of a condition on a seafarer certificate); and
(b) mentions the grounds for the proposed action; and
(c) tells the person that the person may, within 28 days after the person receives the notice, give a written response to AMSA about the notice.
       (2) AMSA may take regulatory action against the person:
(a) after considering any response by the person