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The Laws of Fiji

[MAT 39,060] Certification of approved organisations12 

12
(1) No organisation shall exercise the functions of an approved organisation unless such an organisation holds an Approved Organisation Certificate issued by the Authority under subregulation (2).
(2) The Authority may issue an Approved Organisation Certificate to any organisation applying for such certificate if it is satisfied that such organisation fulfils the following requirements—
  • (a)the organisation has competent staff, having regard to their previous conduct and experience, required facility, relevant training, quality assurance system, safety management systems, or other arrangements to conduct services specified in the Approved Organisation Certificate; and
  • (b)the organisation is in compliance with any standards issued by the Authority.
(3) The Approved Organisation Certificate may be granted subject to such conditions as the Authority thinks fit and shall, unless previously surrendered, suspended or revoked, remain in force for the period specified in the Approved Organisation Certificate.
(4) An authorised officer shall inspect an approved organisation—
  • (a)for the purpose of securing and monitoring the provisions of the Fiji Safe Ship Management Code; or
  • (b)to satisfy the Authority that the holder of the Approved Organisation Certificate is competent to operate.
(5) An inspection carried out on the nature of the work pursuant to subregulation (4) includes—
  • (a)the examining and inspecting of the work of the approved organisation providing safe ship management service;
  • (b)the examining and inspecting of safe ship management equipment and its maintenance facilities; or
  • (c)such other examination and inspection as may be necessary for the purpose of monitoring the safety of the provision of the service and the objective of safe ship management operations.
(6) The approved organisation shall comply with any recommendations imposed by the Authority as a result of an examination or inspection carried out under subregulations (4) and (5).
(7) Any approved organisation that contravenes this regulation commits an offence and shall be liable upon conviction to a fine not exceeding $10,000 and to an additional fine of $500 per day for each day that the offence continues.