Document ID: chunk:federal_register_of_legislation:F2018C00034:reg:9:p12
Version: federal_register_of_legislation:F2018C00034
Segment Type: reg
Provision Reference: reg 9 (pt 12/34)
Character Range: 37830–40610

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 points only for a regulatory incident — see section 31. For the definition of regulatory incident — see section 4.
Note 2   This provision does not prevent AMSA from taking regulatory action against a pilotage provider for a regulatory incident before 40 points are accrued in the period. Any regulatory action may only be taken if AMSA is satisfied that there is a ground for regulatory action — see s 27(3).
Division 3 Demerit points and register

31 Demerit infringements and points
       (1)A pilotage provider may incur demerit points if the pilotage provider is responsible for a demerit infringement.
Note   For the definition of demerit infringement — see section 4.
       (2)If the demerit infringement relates to the action or inaction of a pilot during conduct of pilotage for a pilotage provider by whom the pilot is not usually contracted or employed, the pilotage provider that engaged the pilot to conduct the pilotage is responsible for the infringement.
       (3)A pilotage provider may incur 18 demerit points for failure to comply with a direction under section 27 that is regulatory action.
       (4)The number of demerit points that may be incurred for a demerit infringement is the number mentioned in Schedule 2 for the infringement or in subsection (3).

32 Recording demerit points
       (1)If AMSA decides that a pilotage provider is to incur demerit points for a demerit infringement, AMSA must:
(a) record the points in the demerit points register; and
(b) tell the pilotage provider, in writing:
 (i) the number of demerit points the pilotage provider has incurred for the demerit infringement or failure to comply with a direction under section 27; and
 (ii) the number of demerit points the pilotage provider may incur before regulatory action may be taken against the pilotage provider under section 27.
Note   For the demerits point register — see s 37.
       (2)Failure to comply with subsection (1) does not affect the validity of anything done by AMSA.

33 When demerit points incurred
       A demerit point is taken to have been incurred on the day AMSA records the points in the register.

34 Clearing demerit points
       (1) AMSA must:
(a) delete demerit points incurred by a pilotage provider from the register 12 months after those demerit points are incurred; or
(b) if a pilotage provider licence is suspended — delete all demerit points for the licence from the register.
       (2)This section does not prevent AMSA keeping a record of cleared demerit points.

35 Regulatory action after 40