This legislation has been repealed.
(1) A person is not
eligible to apply for an Exemption Certificate unless the person is entitled
to reside permanently in Australia under an Act of the Commonwealth and the
person —
(a)
holds —
(i)
a Master Class 1 Certificate of Competency issued under
the Navigation Act;
(ia) a
Master Class 3 Certificate of Competency issued under the Navigation Act or
the Western Australian Marine Act 1982 ;
(ii)
a Foreign Going Masters Certificate of Competency issued
under the Navigation Act;
(iii)
a Certificate of Service as Master issued under the
Navigation Act; or
(iv)
a certificate issued outside Australia that is recognized
by the Department of Transport and Communications of the Commonwealth or by
the State marine department as equivalent to one of those certificates,
and the
person —
(v)
subject to regulation 116 (2), within the
2 years preceding the date of the application, has been the master of a
vessel, with a pilot on board, on at least 4 occasions when the vessel was
navigated into, and on at least 4 occasions when the vessel was navigated out
of, the Port;
or
(b)
holds —
(i)
a certificate as first mate issued under the Navigation
Act; or
(ii)
a certificate issued outside Australia that is recognised
by the Department of Transport and Communications of the Commonwealth or by
the State marine department as equivalent to that certificate,
and the person
has —
(iii)
subject to regulation 116 (2), within the
2 years preceding the date of the application, been the first mate of a
vessel, with a pilot on board, on at least 4 occasions when the vessel was
navigated into, and on at least 4 occasions when the vessel was navigated out
of, the Port, on each occasion remaining on duty on the bridge of the vessel
while it was being navigated within the Port; and
(iv)
a written statement, signed by the pilot or master of the
vessel on each occasion referred to in subparagraph (iii), verifying that
the person complied with the requirements of that subparagraph on that
occasion.
(2) In this regulation
"Navigation Act" means the Navigation Act 1912 of the Commonwealth.
[Regulation 115 inserted by Gazette
30 November 1993 pp.6429-30; amended in Gazette 13 April 1999
p.1545.]