Marine Safety Act 1998 No 121
Historical version for 25 January 2008 to 31 July 2008 (accessed 21 December 2014 at 04:58) Current version
Part 4

Part 4 Marine safety licences

Division 1 General

29   Types of marine safety licences

For the purposes of this Act, there are the following types of marine safety licences:
(a)  vessel registration certificate—being a marine safety licence for a vessel that is required by Division 2 of Part 5,
(b)  survey certificate—being a marine safety licence for a commercial vessel that is required by Division 3 of Part 5,
(c)  surveyor’s accreditation—being a marine safety licence that is required by a surveyor of vessels for the purpose of giving a certificate under section 55,
(d)  certificate of competency—being a marine safety licence for the master or specified crew of a commercial vessel that is required by Division 4 of Part 5,
(e)  boat driving licence—being a marine safety licence to operate a power-driven recreational vessel that is required by Division 5 of Part 5,
(f)  marine pilot’s licence—being a marine safety licence to act as pilot of a vessel in any port that is required by Part 6,
(g)  marine pilotage exemption certificate—being a marine safety licence exempting a vessel from compulsory pilotage under Part 6,
(h)  any other licence or approval required by or under the marine legislation that is declared by the regulations to be a marine safety licence (whether for the purposes of all or only specified provisions of this Act).

Division 2 Grant of marine safety licences and related matters

30   Grant of licences

(1)  Marine safety licences are to be granted by the Minister.
(2)  The Minister may approve or refuse applications for marine safety licences in accordance with this Act and the regulations.

31   Conditions of licences

(1)  Marine safety licences may be granted unconditionally or subject to conditions.
(2)  Any such condition may relate to any matter concerning marine safety, including insurance coverage, or indemnities, for damage or injury caused in connection with the activity to which the licence relates.
(3)  After granting a marine safety licence, the Minister may, by notice in writing to the holder of the licence:
(a)  impose conditions or further conditions on the licence, or
(b)  vary or revoke any of the conditions to which the licence is subject.
(4)  A marine safety licence is also subject to such conditions as are prescribed by the regulations. Any such condition cannot be varied or revoked by the Minister under this section.
(5)  A condition under this section may restrict or limit an activity authorised by the licence.
Note. A condition of the registration of a commercial vessel may exempt the vessel from the requirement for a survey certificate (see section 53 (3) (b)) or from the requirement for its master or crew to hold a certificate of competency (see section 57 (2) (c)).

32   Offence to contravene conditions of licence

The holder of a marine safety licence must not, without lawful excuse, contravene any condition to which the licence is subject.

Maximum penalty: 50 penalty units.

33   Duration of licence

(1)  A marine safety licence remains in force (unless sooner cancelled) for the period specified in the licence or (if no such period is specified) until cancelled.
(2)  A marine safety licence is not in force during any period it is suspended.
Note. See clause 4 of Schedule 4 with respect to duration of certain former licences.

34   Fees for licences

(1)  The fees payable in respect of applications for licences are to be determined by the Minister.
(2)  Any such fee is not to exceed the maximum amount prescribed by the regulations.

35   Offences relating to licences

(1)  A person must not pretend to be the holder of a marine safety licence.
(2)  A person must not, for the purpose of obtaining a marine safety licence, provide any information or produce any document that the person knows is false or misleading in a material particular.

Maximum penalty: 50 penalty units.

36   Special provision relating to marine pilot’s licence or marine pilotage exemption certificate

A marine pilot’s licence or marine pilotage exemption certificate must state, by way of condition, the ports or parts of ports (including berths) to which it applies.

37   Regulations relating to licences

(1)  The regulations may make provision for or with respect to marine safety licences.
(2)  In particular, the regulations may make provision for or with respect to the following:
(a)  the classes of a particular type of licence,
(b)  restrictions on the authority conferred by a particular type of licence or class of licence, whether by reference to the length of the vessel concerned or otherwise,
(c)  applications for licences,
(d)  the eligibility of applicants (including age, good character, qualifications, knowledge, experience, training and health),
(e)  the testing or examination of applicants or the holders of licences to determine whether they are or continue to be eligible to hold a licence,
(f)  the continuing education and training of holders of licences,
(g)  the grant of further licences after the expiry of licences,
(h)  the granting of different types of licences in the same document,
(i)  the replacement of licences that are lost, destroyed or defaced,
(j)  the return of licences that require alteration,
(k)  fees payable in connection with licences and applications for licences.

Division 3 Suspension or cancellation of marine safety licences

38   Suspension or cancellation of licences by Minister

(1)  The Minister may suspend or cancel a marine safety licence:
(a)  in accordance with section 111, or
(b)  if the person concerned is not qualified, or is no longer qualified, to hold the licence, or
(c)  in such other circumstances as are prescribed by the regulations.
(2)  The Minister may at any time remove the suspension of a marine safety licence (except a suspension imposed by a court).

39   Suspension or cancellation of licences by court in connection with offence

(1)  A court that convicts the holder of a marine safety licence of a marine safety offence in connection with activities to which the licence relates may, by order:
(a)  cancel or suspend the licence, and
(b)  disqualify the convicted person from holding or obtaining such a licence for a period specified by the court.
(2)  Any disqualification under this section is in addition to any penalty imposed for the offence.
(3)  In this section, a marine safety offence means any offence relating to the operation of a vessel that causes the death or injury of a person or damage to property, or that causes a risk of any such death, injury or damage.
Note. A licence may also be suspended or cancelled in connection with an alcohol or drug related boating offence—see section 27.

40   Return of suspended or cancelled licence

The holder of a marine safety licence suspended or cancelled under this Act must deliver the licence to the Minister as soon as practicable after the licence is suspended or cancelled.

Maximum penalty: 10 penalty units.

Division 4 Review by Administrative Decisions Tribunal

41   Definition of “Tribunal”

In this Division, Tribunal means the Administrative Decisions Tribunal.

42   Rights of review

A person who is dissatisfied with any of the following decisions under this Act may apply to the Tribunal for a review of the decision:
(a)  the refusal to grant a marine safety licence to the person,
(b)  the imposition of conditions on the person’s marine safety licence (otherwise than by regulation),
(c)  the suspension or cancellation of the person’s marine safety licence (otherwise than by a court).

43   Failure to make decision

For the purposes of this Division, an application for the grant of a marine safety licence is taken to have been refused if the licence is not granted within 60 days (or such other period as is prescribed by the regulations) after the application was duly made.
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