Part 12Court of Marine Enquiry

Part 12—Court of Marine Enquiry Division 1—Constitution of Court 77—Constitution of Court (1) The Magistrates Court is constituted the Court of Marine Enquiry for the purposes of this Act. (2) The Magistrates Court, when sitting as the Court of Marine Enquiry, will sit with assessors. (3) The Minister will establish a panel of expert assessors for the purposes of constituting the Court as a Court of Marine Enquiry. (4) Whenever the Magistrates Court is to sit as the Court of Marine Enquiry, two assessors will be chosen in accordance with the regulations to sit with the Court. (5) The function of the assessors is to assist the Court, but they do not take part in the decision of the Court. Division 2—Enquiries into casualties 78—Enquiries into casualties (1) If an accident involving a vessel occurs in the jurisdiction and the accident results in loss of life or injury or in damage to property, the Minister may refer the matter to the Court of Marine Enquiry for investigation and report. (2) If such a reference is made to the Court of Marine Enquiry, the Court must enquire into the matter and report to the Minister on the cause of the accident. (3) If, on such an enquiry, the Court finds that a person who holds a boat operator's licence under this Act is guilty of misconduct or incompetence, the Court may cancel the boat operator's licence. Division 3—Enquiries into misconduct or incompetence 79—Enquiries into misconduct or incompetence (1) If there is reasonable cause to believe that a particular incident involving a vessel in the jurisdiction shows the operator, or a member of the crew, of the vessel to have been guilty of misconduct or incompetence, the Minister may refer the matter to the Court of Marine Enquiry for investigation and report. (2) If such a reference is made to the Court of Marine Enquiry, the Court must enquire into the matter and report to the Minister on the matter. (3) If, on such an enquiry, the Court finds that a person who holds a boat operator's licence under this Act is guilty of misconduct or incompetence, the Court may cancel the boat operator's licence. Division 4—Administrative review 80—Review of administrative decisions (1) A person who is dissatisfied with a reviewable decision or determination under this Act may, within 30 days after receiving notice of the decision or determination, apply to the person by whom the decision was made for a review of the decision. (2) The following decisions and determinations are reviewable: (a) a decision by the Minister— (i) to insist on the inclusion of a particular provision or particular provisions in a port operating agreement; or (ii) not to renew a port operating agreement; (b) a decision by the CE to refuse or cancel a pilot's licence or a pilotage exemption certificate, or to impose conditions on such a licence or certificate; (c) a decision by the CE to refuse a boat operator's licence; (d) a decision by the Minister to cancel a boat operator's licence or to disqualify a person from holding a boat operator's licence; (e) a decision by the Minister to declare a qualification that is under the regulations equivalent to a boat operator's licence to be inoperative in the jurisdiction; (i) a decision by the CE to prohibit use of a vessel. (3) If the applicant is dissatisfied with the decision made on the review, the applicant may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for a review of the decision.