Document ID: chunk:federal_register_of_legislation:F2018C00034:reg:9:p11
Version: federal_register_of_legislation:F2018C00034
Segment Type: reg
Provision Reference: reg 9 (pt 11/34)
Character Range: 35281–38065

interest for the proposed regulatory action to be taken against the person.
Note   A decision under this subsection is a reviewable decision — see section 83.
       (4)AMSA must give the person written notice of AMSA's decision and the reasons for decision.
       (5)Regulatory action under subsection (3) takes effect when the notice of the decision is given to the person or, if the notice states a later date of effect, that date.

28 Immediate suspension of licence
       (1) AMSA may give a person holding a pilotage provider licence a written notice (an immediate suspension notice) immediately suspending the pilotage provider licence if AMSA reasonably considers that there is a ground for regulatory action and it is in the public interest that the licence be suspended before a decision is made whether to take regulatory action under subsection 27(3) on the regulatory ground.
       (2) If an immediate suspension notice is given to the person:
(a) the suspension takes effect when the notice is given to the person; and
(b)  the person must surrender the licence to AMSA.
       (3) AMSA must, within 14 days after giving a person an immediate suspension notice:
(a)  give the person a regulatory notice in accordance with section 27; or
(b)  tell the person in writing that regulatory action will not be taken against the person for the same circumstances.
       (4)The immediate suspension of the licence ends when the earliest of the following happens:
(a)   if the person is told in writing under paragraph (3)(b) that regulatory action will not be taken against the person for the same circumstances — the day AMSA tells the person;
(b)   if the person is given a regulatory notice under paragraph (3)(a) —  the day the regulatory action proposed in the notice takes effect;
(c) if the person is not given either notice under subsection (3) within 14 days after the immediate suspension notice was given to the person — 14 days after the suspension had effect;
(d)   AMSA revokes the immediate suspension notice.

29 Effect of suspension of licence
       If a pilotage provider licence is suspended, the licence does not authorise the pilotage provider to carry on any activity authorised by the pilotage provider licence during the suspension.
Note   It is an offence to perform prescribed duties of a licensed pilotage provider without a pilotage provider licence — see section 169 of the Navigation Act.

30 Taking regulatory action generally subject to demerit points system
       AMSA may take regulatory action against a pilotage provider for a regulatory incident if the pilotage provider incurs at least 40 demerit points within 12 months after the first demerit point incurred after 30 June in any year.
Note 1    A pilotage provider may incur demerit