Document ID: chunk:federal_register_of_legislation:F2022L00748:body:0:p4
Version: federal_register_of_legislation:F2022L00748
Segment Type: other
Provision Reference: 
Character Range: 7999–10734

further conditions on the instrument of authority.

8 Form of instrument of authority
        An instrument of authority must include the following:
(a) the name of the VTS provider;
(b) a description of the VTS area;
(c) the operational objectives of the vessel traffic service to be provided;
(d) the conditions that attach to the instrument of authority.

9 Term of instrument of authority
       (1) An instrument of authority:
(a) commences on the day it is issued; and
(b) expires at the earlier of:
 (i) 5 years after the day it is issued; or
 (ii) the day it is cancelled.
       (2) If an instrument of authority is suspended, it is not in effect during the period of suspension.
       (3) If a VTS provider intends to continue to provide a vessel traffic service after the expiration of its instrument of authority, the VTS provider must, in order to ensure continuity of the service, apply for a new instrument of authority at least 90 days before the existing instrument of authority expires.

10 Amendment of instrument of authority
       (1) AMSA may amend an instrument of authority on its own initiative:
(a) to change conditions imposed on the instrument of authority; or
(b) to impose further conditions on the instrument of authority; or
(c) to change details in the instrument of authority that are no longer accurate; or
(d) to include any other details AMSA considers necessary.
Note   An amendment may be required if, for example, a major non-conformance is identified in an audit.
       (2) AMSA may amend an instrument of authority on application by the VTS provider that holds the instrument:
(a) to change the boundary of the VTS area; or
(b) to change details in the instrument of authority that are no longer accurate.
       (3) An application by the VTS provider must:
(a) be made in accordance with Marine Order 1; and
(b) set out the grounds for the application; and
(c) describe the proposed amendment.
       (4) AMSA must give written notice of the proposed amendment, seeking comments within a stated period of less than 90 days, to any person AMSA considers may have an interest in the proposed amendment including, in the case of an amendment initiated by AMSA, the VTS provider.
       (5) AMSA must consider any comments received.
       (6) AMSA may amend an instrument of authority only if satisfied that:
(a) the amendment is consistent with the safety and efficiency of vessel traffic and protection of the environment; and
(b) the VTS provider can continue to meet the responsibilities mentioned in paragraph 5.3 of the Guidelines; and
(c) the VTS provider is providing the vessel traffic service in accordance with the applicable normative provisions of IALA Standards 1010, 1040, 1050