Western Australian Current Regulations Western Australian Current Regulations (1) This regulation
does not apply to a certificate of competency for sea service on a fishing
vessel if the certificate was valid immediately before the commencement of the
W.A. Marine (Certificates of Competency and Safety Manning) Amendment
Regulations 2011 regulation 8.
(1AA) If, because of a
limitation referred to in regulation 9(2A)(b), the period for which a
certificate of competency is valid is less than 5 years, a reference in
subregulation (1a) to the period of 5 years is to be read as a
reference to that lesser period.
(1a) A certificate of
competency that has been held for more than 5 years is not a valid
certificate of competency at a particular time unless the chief executive
officer has revalidated the certificate within the period of 5 years
immediately preceding that time.
(1b) The holder of a
certificate of competency may apply to the chief executive officer at any time
for revalidation of the certificate for the purposes of
subregulation (1a).
(2A) If a
person —
(a) is
the holder of —
(i)
a certificate of competency referred to in
regulation 7(3) for sea service on a trading vessel; and
(ii)
the same class of certificate of competency for sea
service on a fishing vessel;
and
(b)
applies for revalidation of both certificates at the same time,
only one fee is
payable under regulation 31A for the revalidation of both certificates.
(2B) Before
revalidation of a certificate of competency, the chief executive officer shall
require the holder of a certificate of competency to provide a current first
aid certificate in accordance with the requirements set out in Annex D to NSCV
Part D.
(2) Before
revalidation of a certificate of competency to which this subregulation
applies, the chief executive officer —
(a)
shall require the holder of a certificate of competency —
(i)
to provide a current certificate of medical fitness in
accordance with the requirements set out in Annex C; and
(ii)
to satisfy the chief executive officer as to professional
competency —
(A) by approved sea service of at least
1 year during the preceding 5 years; or
(BA) for a certificate
of competency for sea service on a fishing vessel — by continuous
employment in each fishing season during the preceding 5 years; or
(B) by virtue of having performed functions
relating to the duties appropriate to the grade of certificate held which is
at least equivalent to the sea service required above; or
(C) by having completed approved sea
service for a substantially continuous period of at least 3 months prior
to taking up the rank to which he is entitled by virtue of the certificate
either in a supernumerary capacity or, in the case of a marine engineer or
marine engine driver, in a lower rank than that for which he holds the
certificate; or
(D) by passing an approved test; or
(E) by successfully completing an approved
course or courses which shall include changes in marine technology and
relevant international regulations and recommendations concerning safety of
life at sea and protection of the marine environment;
and
(aa) may
require the holder of the certificate to provide further evidence as to the
holder’s medical fitness; and
(b) may
require the holder of the certificate to satisfactorily complete a short
course of the type referred to in paragraph (a)(ii)(E); and
(c)
shall, for continuing sea service on board vessels for which special training
requirements or recommendations have been agreed upon internationally, require
the holder of the certificate to complete relevant training to the
satisfaction of the chief executive officer.
(3)
Subregulation (2) applies to the following certificates of
competency —
(a)
Master Class III;
(b)
Master Class IV;
(c) Mate
Class IV;
(d)
Marine Engineer Class III;
(e)
Marine Engine Driver Grade I.
(4A) If, when
considering the revalidation of a certificate of competency, the chief
executive officer —
(a) is
not satisfied as to a person’s professional competency in relation to
one or more of the matters referred to in subregulation (2)(a)(ii); and
(b) is
satisfied as to the person’s professional competency for the purposes of
a certificate of competency that is of a lower class or subject to
restrictions,
the chief executive
officer may revalidate the certificate accordingly.
(4) Before
revalidation of a certificate of competency to which this subregulation
applies, the chief executive officer —
(a)
shall require the holder of the certificate —
(i)
to provide a declaration of medical fitness in accordance
with the requirements set out in Annex C; and
(ii)
to pass an eyesight test in accordance with the
requirements set out in Annex C clause C4; and
(iii)
in the case of sea service described in subregulation
(2)(c), to complete relevant training to the satisfaction of the chief
executive officer;
and
(b) may
require the holder of the certificate to provide further evidence as to the
holder’s medical fitness; and
(c) may
require the holder of the certificate to satisfactorily complete a short
course of the type referred to in subregulation (2)(a)(ii)(E).
(5)
Subregulation (4) applies to the following certificates of
competency —
(a)
Master Class V;
(b)
Coxswain;
(c)
Marine Engine Driver Grade II.
(6) For the purposes
of subregulation (2)(aa) or (4)(b) the chief executive officer may
require the holder of the certificate to be examined by a medical practitioner
specified by the chief executive officer.
[Regulation 10 amended: Gazette
11 Aug 1992 p. 3977; 8 Dec 2006 p. 5387-90; 11
Dec 2009 p. 5090; 11 Feb 2011 p. 485‑7;
14 Feb 2012 p. 672.]