Document ID: chunk:federal_register_of_legislation:F2013L00871:reg:18:p3
Version: federal_register_of_legislation:F2013L00871
Segment Type: reg
Provision Reference: reg 18 (pt 3/15)
Character Range: 99757–102698

without a seafarer certificate if the regulations require a particular seafarer certificate for the performance of those duties or functions.

[9]  Sections 8 and 9
substitute

8 GMDSS certificates — criteria for issue
       8.1.For paragraph 31(1)(b) of the Navigation Act, the criteria for the issue of a GMDSS certificate are that:
(a) the applicant is at least 18 years; and
(b) the Manager, Ship Operations and Qualifications is satisfied that the applicant:
 (i) has, in the 12 months before the application, satisfactorily completed an approved course that meets the standard of competence mentioned in section A-IV/2 of the STCW Code; or
 (ii) was issued with a certificate equivalent to a GMDSS certificate by the Department of Transport and Communications, the Spectrum Management Agency or the Australian Communications Authority and meets the requirements mentioned in section 17 for revalidation of a GMDSS certificate or a certificate of recognition.
       8.2However, the Manager, Ship Operations and Qualifications may refuse to issue a GMDSS certificate to a person who has previously held a GMDSS certificate that was varied, suspended or revoked.

9 Certificates of recognition — criteria for issue
       9.1For paragraph 31(1)(b) of the Navigation Act, the criteria for the issue of a certificate of recognition are that:
(a) the applicant is at least 18 years; and
(b) the applicant holds an appropriate certificate ; and
(c) Australia has an agreement in place for mutual recognition of GMDSS certificates with the country that issued the appropriate certificate; or
(d) if Australia has no agreement of the kind mentioned in paragraph (c) — the applicant has undergone a formal assessment or completed additional training approved by the Manager, Ship Operations and Qualifications.
       9.2However, the Manager, Ship Operations and Qualifications may refuse to issue a certificate of recognition to a person whose appropriate certificate has been varied, suspended or revoked.

10 Certificates — application
       For subsection 30(2) of the Navigation Act, an application for a GMDSS certificate or a certificate of recognition must:
(a) be in writing; and
(b) mention the seafarer certificate applied for; and
(c) include details of how the applicant satisfies the criteria for issue of the certificate.
Note   If a form is approved for the application, the approved form must be used and is available on the AMSA website at http://www.amsa.gov.au — see Marine Order 1 (Administration) 2011.

11 Certificates — criteria for variation
       11.1For section 32 of the Navigation Act, the criteria for variation of a GMDSS certificate or a certificate of recognition are that the holder:
(a)  applies in writing to the Manager, Ship Operations and Qualifications, stating the nature of the variation sought; and
(b) is complying with the conditions of the certificate; and
(c) undertakes any additional training