Document ID: chunk:federal_register_of_legislation:F2023C00969:body:0:p6
Version: federal_register_of_legislation:F2023C00969
Segment Type: other
Provision Reference: 
Character Range: 12596–15387

certificate is no longer required; or
(e) there has been a change to the name of the owner (other than transfer of ownership); or
(f) there has been a change to the name of a vessel to which the certificate applies; or
(g) the National Regulator considers that information in the certificate is no longer accurate.
Note The variation of a certificate of operation does not change the expiry date of the certificate.

12 Suspension of certificate
       (1) For paragraph 51(1)(b) of the national law, the criteria for the National Regulator to suspend a certificate of operation on application are:
(a) the holder of the certificate has given the National Regulator a declaration that all the vessels mentioned in the certificate will no longer perform the operations mentioned in the certificate in the period for which the suspension is sought; and
(b) any fees relating to the certificate have been paid.
       (2) For subsection 51(2A) of the national law, the purpose for the suspension of a certificate of operation on the National Regulator's initiative is any of the following:
(a) ensuring any unpaid fees are recovered;
(b) ensuring necessary repairs are made to the vessel;
(c) ensuring that the vessel is not operated in contravention of a detention notice, a direction, an improvement notice or a prohibition notice.
Note   The National Regulator must suspend a certificate if satisfied the suspension is necessary for other purposes (eg protecting human life) — see subsection 51(2) of the national law.
       (3) For subparagraph 51(3)(b) of the national law, the period of suspension is:
(a) for a suspension on application mentioned in subsection 51(1) of the national law — 18 months; and
(b) for a suspension on the National Regulator's initiative mentioned in subsections 51(2) and (2A) of the national law — 6 months.
Note 1    Under paragraph 72(2)(a) of the national law the National Regulator must, before suspending a certificate under subsection 51(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 51(3)(b) of the national law.

13 Criteria for revocation of certificate
       (1) For paragraph 52(1)(b) of the national law, the criteria for revocation of a certificate of operation on application are that:
(a) the holder of the certificate has given the National Regulator a declaration that all the vessels to which the certificate applies are no longer performing the operations mentioned in the certificate; and
(b) any fees relating to the certificate have