122Formal investigations

122 Formal investigations (1) Where, as a result of a formal investigation into a marine incident in relation to a vessel, the person conducting the formal investigation is satisfied that a person holding a certificate of competency for the vessel: (a) is unfit to discharge his or her duties; or (b) has been seriously negligent in the discharge of his or her duties; or (c) has failed to give assistance or information required by this Act; the person conducting the formal investigation must advise the National Regulator that a person holding a certificate of competency for a vessel involved in the marine incident is not fit and proper to hold that certificate.

Marine Act 1981 25 (2) The person must not give the advice to the National Regulator unless: (b) a copy of the case upon which the formal investigation has been ordered has been furnished before the commencement of the formal investigation to the person holding the certificate; and (c) the person conducting the formal investigation publishes his or her reasons for so ordering. (3) In this section: National Regulator, see section 9 of the Marine Safety National Law.