Document ID: chunk:federal_register_of_legislation:F2023C00979:reg:3:p9
Version: federal_register_of_legislation:F2023C00979
Segment Type: reg
Provision Reference: reg 3 (pt 9/15)
Character Range: 35750–38581

Time before issue of certificate — signed declaration by final assessor

22 Application of Division
        This Division applies if:
(a) a person has applied for any of the following certificates:
 (i) General Purpose Hand NC;
 (ii) Coxswain Grade 2 NC;
 (iii) Coxswain Grade 1 NC;
 (iv) Master (Inland waters) NC;
 (v) Master <24 m NC;
 (vi) Marine Engine Driver Grade 3 NC;
 (vii) Marine Engine Driver Grade 2 NC; and
(b) the person meets the requirements mentioned in paragraphs 9(1)(a) and (b); and
(c) a final assessor has provided a signed declaration on the approved form that the person has:
 (i) a current Certificate of Medical Fitness Domestic Seafarers that shows that the person meets the Standards for the medical examination of domestic seafarers; and
 (ii) a current first aid certificate equivalent to at least HLTAID011 Provide first aid; and
 (iii) satisfied the eligibility requirements mentioned in Schedule 3 for the certificate applied for; and
 (iv) stated that any sea service requirement for the certificate applied for has been met.

23 Service on vessel prior to issue of certificate
        The person may undertake a duty or perform a function for which the certificate is required starting on the day of the signed declaration by the final assessor and ending on the earlier of:
(a) 60 days after the signed declaration; or
(b) the day the National Regulator decides the application.

24 Matters about signed declaration
       (1) Section 23 does not apply if the signed declaration by the final assessor was made in error or based on incorrect information.
       (2) If requested by any of the following, the person must give the signed declaration to:
(a) the owner or master of a vessel on which the person works or may work in the future;
(b) a marine safety inspector;
(c) the National Regulator.
Division 5 Regulatory action

25 Regulatory action by the National Regulator
       (1) The National Regulator may require a person who holds a certificate of competency to perform regulatory action if:
(a) the person gave information to the National Regulator about the application for the person's certificate that was false or misleading; or
(b) the person contravened, or is contravening, a condition of the certificate; or
(c) the person has demonstrated incompetence or misconduct relating to the safe navigation, management or working of a vessel; or
(d) the person cannot, for any reason, properly perform the duties the person is permitted to perform under the certificate.
Examples of regulatory action:
           * completing a drug or alcohol rehabilitation program
           * completing, to the satisfaction of the National Regulator, specified training appropriate to the duties or functions the person is permitted to perform under the certificate.
       (2) A decision by the