Document ID: chunk:federal_register_of_legislation:F2024C01131:front:0:p2
Version: federal_register_of_legislation:F2024C01131
Segment Type: other
Provision Reference: 
Character Range: 2625–5386

prescribe matters to which the National Regulator may have regard in determining whether a person is a fit and proper person.
       (2) Subsection 101(5) of the national law provides that the regulations may provide for the return of a detained vessel.
       (3) Section 138 of the national law provides that the regulations may provide for enabling a person who is alleged to have committed an offence against the national law to pay a penalty to the Commonwealth as an alternative to prosecution.
       (4) Section 142 of the national law provides for regulations to be made providing for review of decisions made under the Marine Orders.
       (5) Subsection 159(1) of the national law provides for regulations to be made prescribing matters required or permitted to be prescribed or that are necessary or convenient to be prescribed for carrying out or giving effect to the national law.
       (6) Subsection 159(2) of the national law provides for regulations to be made prescribing standards for the national law.
       (7) Subsection 163(1) of the national law provides that the National Regulator (AMSA) may make a Marine Order for any matter for which provision must or may be made by regulations, other than for matters mentioned in the subsection.

4 Criteria for fit and proper person
        For section 74 of the national law, in determining whether a person is a fit and proper person for the purpose of deciding whether to issue or revoke a certificate, the National Regulator may have regard to the following matters:
(a) whether the person has had a similar certificate, issued under a law of the Commonwealth or a State or Territory, suspended, revoked or cancelled;
(b) whether the person is suffering from a medical condition or has a physical or mental incapacity that makes the person unsuitable to hold or to continue to hold the certificate;
(c) whether the person had been found to be not a fit and proper person under a law;
(d) for a certificate of operation:
 (i) whether the person is an undischarged bankrupt or is insolvent; and
 (ii) whether the person has unpaid court-imposed fines; and
 (iii) whether the person has been disqualified from managing corporations under Part 2D.6 of the Corporations Act 2001; and
 (iv) whether any civil penalties have been imposed on the person under the regulations.
Note   For other matters that the National Regulator may consider — see subsection 74(1) of the national law.

5 Standards
        For subsection 159(2) of the national law, the following standards are prescribed:
(a) National Law – Marine Surveyors Accreditation Guidance Manual 2014;
(b) NSCV Parts B, C, F and G;
(c) USL Code.
Division 2 Interpretation of Marine Orders

6 Definitions
        In a Marine Order:
AMSA