Document ID: chunk:federal_register_of_legislation:F2013L00871:front:0:p17
Version: federal_register_of_legislation:F2013L00871
Segment Type: other
Provision Reference: 
Character Range: 41396–44465

involved in allowing the holder of the certificate to continue to serve in various capacities for which the certificate could otherwise be valid.

[20] Subsection 11.5
substitute

11.5 Unlawful alteration
       For section 33 of the Navigation Act, the Manager, Ship Operations and Qualifications may revoke a seafarer certificate that has been unlawfully altered by any kind of addition, interpolation or erasure.

[21] After subsection 11.6.1
insert
      11.6.1A An offence against subsection 11.6.1 is a strict liability offence.
      11.6.1B A person is liable to a civil penalty if the person contravenes subsection 11.6.1.
Civil penalty: 50 penalty units.

[22] Subsection 11.7
substitute

11.7 Seafarer certificates containing factual errors
       For section 33 of the Navigation Act, the Manager, Ship Operations and Qualifications may revoke a seafarer certificate that contains factual errors.

[23] Subsection 11.8.1
substitute
       11.8.1The Manager, Ship Operations and Qualifications may issue a replacement certificate if:
(a) satisfied that a certificate has been lost, stolen, damaged or destroyed; or
(b) it has been revoked under subsection 11.5 or 11.7.

[24] After subsection 11.8.2
insert
       11.8.3An offence against subsection 11.8.2 is a strict liability offence.
       11.8.4A person is liable to a civil penalty if the person contravenes subsection 11.8.2.
Civil penalty: 50 penalty units.

[25] After subsection 11.8
insert

11.9 Return of revoked seafarer certificates
       11.9.1If a seafarer certificate has been revoked under subsection 11.5 or 11.7, the holder of the certificate must arrange for it to be delivered to an AMSA office within 21 days after being notified that the certificate has been revoked.
Penalty: 50 penalty units.
       11.9.1An offence against subsection 11.9.1 is a strict liability offence.
       11.9.2A person is liable to a civil penalty if the person contravenes subsection 11.9.1.
Civil penalty: 50 penalty units.

[26] After subsection 16.6
insert

16A Requirements for approved courses and oral examinations
       16A.1If a person must complete an approved course before being issued a seafarer certificate, the course must have been completed:
(a) if the person provides proof of continuity of sea service since completion of the course that is at least equivalent to the requirements for revalidation mentioned in subparagraph 10.1(a)(i) — within 10 years before the certificate is issued; or
(b) in any other case — within 5 years before the certificate is issued.
       16A.2If a person must pass an oral examination before being issued a seafarer certificate, the examination must be passed, unless the Manager, Ship Operations and Qualifications determines otherwise:
(a) when all other eligibility criteria have been met; and
(b) within the 12 months before the certificate is issued.
       16A.3If the examiner considers that a person is unable to meet the standard required to pass the oral examination because the person lacks sufficient practical knowledge, the person cannot