Division 3 Suspension or cancellation of marine safety licences

38   Suspension or cancellation of licences or disqualification of persons from holding licences

(1)  The Minister may suspend or cancel a marine safety licence, or disqualify a person from holding or obtaining a marine safety licence for a specified period:

(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 may be prescribed by the regulations.

(2)  The Minister may at any time remove the suspension of a marine safety licence, or a disqualification, imposed by the Minister under this section.

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.