Document ID: chunk:federal_register_of_legislation:F2022L00748:body:0:p5
Version: federal_register_of_legislation:F2022L00748
Segment Type: other
Provision Reference: 
Character Range: 10475–13210

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 and 1070.
Note   The normative provisions of the IALA Standards mentioned in paragraph (c) are the provisions that must be adopted by a member state to achieve compliance with the standard.
       (7) A decision to amend an instrument of authority on AMSA's own initiative is a reviewable decision for section 17 of Marine Order 1.
Note   Sections 17 and 18 of Marine Order 1 provide for the review of decisions that are made in accordance with the application process in that Marine Order. Those sections will therefore apply to a decision made on application by the VTS provider.

11 Suspension or cancellation of instrument of authority
       (1) AMSA may suspend or cancel an instrument of authority if it considers that a condition that applies to the instrument of authority has not been complied with.
       (2) AMSA may cancel an instrument of authority if the VTS provider that holds the instrument of authority has given it to AMSA for cancellation.
       (3) A decision to suspend or cancel an instrument of authority is a reviewable decision for section 17 of Marine Order 1.

12 VTS provider may conduct recurrent training
       (1) A VTS provider may apply to AMSA for approval to conduct recurrent training in accordance with IALA model course V-103/5 Revalidation process for VTS Qualifications and Certification.
       (2) The application must be in accordance with Marine Order 1.
       (3) AMSA may approve the application if it considers that the VTS provider is capable of conducting the course.
Note   Sections 17 and 18 of Marine Order 1 provide for the review of decisions that are made in accordance with the application process in that Marine Order.
Division 3 Auditing of VTS providers and applicants

13 Conduct of audits for vessel traffic services
       (1) AMSA may conduct an audit to determine if:
(a) an applicant for an instrument of authority satisfies paragraphs 6(b) and (c); or
(b) a VTS provider is complying with the conditions of the instrument of authority that it holds; or
(c) it should approve an application mentioned in section 12; or
(d) a VTS provider approved under section 12 is conducting recurrent training in accordance with the IALA model course mentioned in subsection 12(1).
       (2) An audit may review all aspects of the operation of a VTS provider that are relevant to its provision of a vessel traffic service.
Note   AMSA may charge a fee for the conduct of an audit mentioned in this section — see s 47