Document ID: chunk:federal_register_of_legislation:F2018C00034:reg:9:p13
Version: federal_register_of_legislation:F2018C00034
Segment Type: reg
Provision Reference: reg 9 (pt 13/34)
Character Range: 40363–43245

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 demerit points incurred
       (1)If a pilotage provider incurs at least 40 demerit points, AMSA may take regulatory action under section 27.
       (2)When considering what regulatory action to take if subsection (1) applies, AMSA:
(a) must take into account the following matters:
 (i) the need to protect public safety;
 (ii) the need to protect the marine environment;
 (iii) the regularity of the regulatory incidents to which the demerit points relate;
 (iv) the seriousness of the regulatory incidents to which the demerit points relate;
 (v) the likelihood of further regulatory incidents relating to the pilotage provider; and
(b) may take into account any other matter it considers relevant.

36 Suspension notice
       A regulatory notice mentioned in section 27 for the proposed regulatory action of suspending the pilotage provider licence, or an immediate suspension notice mentioned in section 28, that is given by AMSA to a pilotage provider because subsection 35(1) applies, must state the following:
(a) the date of the notice;
(b) the demerit infringements that have occurred;
(c) the demerit points incurred for each demerit infringement;
(d) that AMSA may:
 (i)  cancel the suspension by written notice to the pilotage provider if AMSA is satisfied with the outcome of a compliance audit of the pilotage provider; and
 (ii) impose further conditions on the licence if the suspension is cancelled.

37 The register
       (1)AMSA must keep a register of demerit points for each pilotage provider licence (the demerit points register).
       (2)The register may include licence information given to AMSA under this Order other than information relating to demerit points.
       (3)The register may be kept in any form, including electronically, that AMSA decides.
       (4)The register may be kept in 1 or more parts, as AMSA considers appropriate.

38 Correction of register
       AMSA may:
(a) correct a mistake, error or omission in the demerit points register; and
(b) change a detail included in the register to keep the register up to date.
Division 4 Fatigue risk management plan
Note    It is a condition of a pilotage provider licence that the pilotage provider ensure that the pilotage crew of the pilotage provider comply with the default fatigue management plan published by AMSA or with an AMSA approved fatigue management plan — see Schedule 1. For the definition of fatigue management plan — see section 4.

39 Pilotage provider's plan
       (1)A pilotage provider may apply to AMSA for approval of a fatigue risk management plan.
Note    If a form is approved for the application, the approved