Document ID: chunk:federal_register_of_legislation:F2018C00034:reg:9:p10
Version: federal_register_of_legislation:F2018C00034
Segment Type: reg
Provision Reference: reg 9 (pt 10/34)
Character Range: 32719–35529

inquires into the activities of a pilotage provider, the provider must respond to the satisfaction of AMSA to any request made by AMSA for the inquiry.
Subdivision 2.5 Regulatory action

25 Grounds for regulatory action
       Each of the following is a ground for regulatory action against a person who holds a pilotage provider licence:
(a) the person gave information to AMSA for the application for, or an application for variation or renewal of, the provider's licence that was false or misleading;
(b) the person has contravened, or is contravening, the Navigation Act or this Order;
(c) the person has contravened, or is contravening, any other law of the Commonwealth or a State or Territory.
Note for paragraph (a)   Giving false or misleading information is an offence against the Criminal Code, sections 136.1 and 137.1.

26 Forms of regulatory action
       (1)Each of the following is regulatory action when taken against a person who holds a pilotage provider licence:
(a) reprimanding the person;
(b) directing the person to do a stated thing;
(c) varying the pilotage provider licence, including by imposing a condition on the licence or varying an existing condition of the licence;
(d) suspending the pilotage provider licence:
 (i) for a stated period; or
 (ii) until a stated event happens;
(e) cancelling the pilotage provider licence;
(f) disqualifying the person from applying for a pilotage provider licence:
 (i) for a stated period; or
 (ii) until a stated event happens.
       (2)A person must comply with a direction by AMSA to do a stated thing.

27 Taking regulatory action
       (1)If AMSA proposes to take regulatory action in relation to a person holding a pilotage provider licence, AMSA must give the person a written notice (a regulatory notice) that:
(a) states the proposed regulatory action, including any proposed disqualification period, suspension period or variation of a pilotage provider licence; and
(b) states the ground for the proposed regulatory action; and
(c) tells the person that the person may, within 30 days after the person receives the notice, give a written response to AMSA about the notice.
       (2)In deciding whether to take regulatory action, AMSA must consider any response given to AMSA by the person in accordance with the regulatory notice.
       (3)AMSA may take the proposed regulatory action against the person if satisfied that:
(a) a ground for regulatory action has been established for a person; and
(b) if the ground is a ground mentioned in paragraph 25(c) — it is in the public interest for the proposed regulatory action to be taken against the person.
Note   A decision under this subsection is a reviewable decision — see section 83.
       (4)AMSA must give the person written notice of AMSA's decision and the reasons for