43Suspension of maritime documents or imposition of conditions

1. The Director may from time to time—

2. suspend any maritime document issued by the Director under this Act or under any maritime rules, or impose conditions in respect of any such maritime document; or
3. suspend the Director’s recognition as a maritime document of any document issued by another person or any organisation, or impose conditions in respect of such recognition,—
if he or she considers such action necessary in the interests of maritime safety, and if he or she—
4. is satisfied that the holder has failed to comply with any conditions of the relevant maritime document or with the requirements of section 17; or
5. is satisfied the holder has contravened or failed to comply with section 406; or
6. is satisfied such action is necessary to ensure compliance with any provisions of Parts 1 to 15 or any regulations or maritime rules made under this Act; or
7. considers that the privileges or duties for which the document has been granted, or the relevant document has been recognised as a maritime document, are being carried out by the holder in a careless or incompetent manner.

8. Without limiting the general provisions of subsection (1), the Director may suspend any maritime document, or the recognition of any document as a maritime document, relating to the use of any ship, or maritime product, or impose conditions in respect of any such document, if he or she considers that there is reasonable doubt as to the seaworthiness of the ship or as to the quality or safety of the maritime product to which the document relates.

9. A suspension, or imposition of conditions, under subsection (1) or (2) remains in force until the earliest of the following:

10. the Director makes an adverse decision under section 51:
11. in the case of the imposition of conditions, the conditions no longer apply:
12. in the case of the absence of conditions, the close of the 14th day after the date of the suspension.

13. On the grounds set out in subsection (1), the Director may,—

14. despite subsection (3)(b) and before the period for a condition expires,—
    1. impose, vary, or lift the condition; or
    2. extend the period during which the condition applies for a further specified period:
15. despite subsection (3)(c) and before the 14-day period expires, extend the period of the suspension for a further specified period.

16. When a maritime document or recognition of a document as a maritime document is suspended or a maritime document is made subject to conditions under this section, the holder of the document or recognition must immediately produce the maritime document or the document of recognition to the Director, and—

17. the Director must endorse the document to indicate the action taken under this section; and
18. the Director may retain a document while it is suspended.

19. If notice of a proposed revocation of a maritime document or recognition of a document as a maritime document is given in accordance with section 51 either at the same time as the suspension of the document or recognition under this section is imposed or while the suspension is in force, the document or recognition to which the notice relates remains suspended until the Director finally decides whether to revoke the document or recognition under section 44.

20. The whole or any part of a maritime document, or the recognition of the whole or any part of a document recognised as a maritime document, may be suspended under this section.

21. Any person in respect of whom any decision is taken under this section may appeal against that decision to the District Court under section 424.