(1) The CEO may
suspend or revoke a licence if the CEO suspects, on reasonable grounds, that
the holder of the licence —
(a) no
longer meets the requirement under regulation 9C(1)(a); or
(b) is
in breach of a condition imposed on the licence under regulation 9D(3);
or
(c) is
no longer competent to act as a pilot in a pilotage area; or
(d) is
guilty of misconduct, or has been seriously negligent, in performing his or
her function as a pilot; or
(e)
obtained the licence by false representation or other fraudulent means.
(2) The CEO may
suspend a licence under subregulation (1) —
(a) for
a period specified by the CEO; or
(b)
until the holder complies with a requirement specified by the CEO.
(3) Before the CEO
decides to suspend or revoke a licence, the CEO must give written notice to
the holder, stating the following —
(a) the
proposed suspension or revocation;
(b) the
findings of facts on which the decision is based;
(c) the
reason for the decision;
(d) the
period during which the holder may make written or oral representations to the
CEO.
(4) If, after
considering any representations made to the CEO under subregulation (3),
the CEO decides to suspend or revoke a licence, the CEO must give written
notice to the holder, stating the following —
(a) the
decision to suspend or revoke;
(b) the
date from which the suspension or revocation is to take effect;
(c) in
the case of a suspension —
(i)
the period of the suspension; or
(ii)
any requirement that has to be complied with by the
holder before the suspension ceases to have effect.
(5) If, after
considering any representations made to the CEO under subregulation (3),
the CEO decides to suspend or revoke a licence, the CEO must also give notice
of the CEO’s decision to the harbour master of the port concerned.
[Regulation 9H inserted: Gazette
4 Jun 2010 p. 2432‑3.]