Document ID: chunk:federal_register_of_legislation:F2023C00980:front:0:p9
Version: federal_register_of_legislation:F2023C00980
Segment Type: other
Provision Reference: 
Character Range: 19964–22767

change in conditions imposed on the certificate under paragraph 38(3)(b) of the national law.

15 Suspension of certificate
       (1) For paragraph 41(1)(b) of the national law, the criterion for the National Regulator to suspend a certificate of survey on application is that any fees relating to the certificate have been paid.
Note   An application by the owner for a suspension of a certificate must be in accordance with section 13.
       (2) For subsection 41(2A) of the national law, the purpose for the suspension of a certificate of survey on the National Regulator's initiative is any of the following:
(a) ensuring any unpaid fees relating to the vessel are recovered;
(b) ensuring necessary repairs are made to the vessel;
(c) ensuring the vessel meets the standards that apply to it;
(d) 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 41(2) of the national law.
       (3) For paragraph 41(3)(b) of the national law, the period of suspension is:
     (a) for a suspension on application mentioned in subsection 41(1) of the national law — 18 months; and
     (b) for a suspension on the National Regulator's initiative mentioned in subsections 41(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 41(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 of suspension is the maximum period a suspension may remain in force. The National Regulator may specify in writing an earlier period — see paragraph 41(3)(b) of the national law.
Note 3   Suspension of a certificate of survey does not extend the duration of the certificate.

16 Criteria for revocation of certificate
       (1) For paragraph 42(1)(b) of the national law, the criterion for the National Regulator to revoke a certificate of survey on application is that any fees relating to the certificate have been paid.
       (2) For paragraph 42(2)(a) of the national law, the criteria for revocation of a certificate of survey by the National Regulator on its initiative are that:
(a) the National Regulator considers it to be necessary in the interest of marine safety or protecting the environment; or
(b) the certificate was issued in error; or
(c) a change mentioned in Schedule 1 has occurred since the certificate of survey was issued.
Division 4 Equivalent means of compliance

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