Marine Safety Act 1998 No 121
Current version for 1 December 2014 to date (accessed 23 December 2014 at 07:37)
Part 8Division 3Section 111

111   Action by Minister following report of investigation

(1)  The Minister may take any action that is available to the Minister in connection with a report submitted by an investigator.
(2)  In particular, the Minister may do any of the following:
(a)  take no action,
(b)  take action to improve marine safety procedures,
(c)  reprimand the holder of a marine safety licence for any incompetence or misconduct,
(d)  suspend or cancel a marine safety licence, or impose conditions on any such licence, for any incompetence or misconduct of the holder,
(d1)  disqualify a person from holding or obtaining a marine safety licence for a specified period,
(e)  downgrade a marine safety licence for any incompetence or misconduct of the holder (that is, replace the licence held by the holder with a licence of a lower class),
(f)  inform any other marine safety authority that has granted any similar licence to the person concerned of the report and action taken by the Minister on the report,
(g)  recommend to the Director of Public Prosecutions or other law enforcement agency that criminal or other legal proceedings be taken against a person,
(h)  in the case of an investigation concerning or related to a public passenger service provided by a ferry, inform RMS, Transport for NSW or the Chief Investigator of the report and the action taken by the Minister on the report.
(2A)  If RMS is the responsible licensing official for a marine safety licence rather than the Minister, the Minister may require RMS to take action for the purposes of subsection (2) in connection with that licence.
(3)  Before taking action (or requiring action to be taken) under this section, the Minister may conduct a further investigation of the matter or refer the matter to the same or a different investigator for further investigation and report under this Division.
(4)  Any action taken under this section may extend to more than one marine safety licence held by a person.
(5)  The Minister or RMS (as the case requires) must give written notice to the holder of a marine safety licence of any action taken under this section against that holder, together with a copy of the final investigation report.
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