28ACancellation and suspension of marine safety licences

#### 28A Cancellation and suspension of marine safety licences 28A Cancellation and suspension of marine safety licences > > (1) If a person is convicted of an offence against this Part in relation to the operation of a vessel and, at the time the offence was committed, the person was required by or under this Act to hold a marine safety licence in order to operate the vessel, the court may, by order— > > > > > (a) cancel or suspend the licence, and > > > > > (b) disqualify the convicted person from holding or obtaining a marine safety licence for a period specified by the court. > > > (2) The holder of a marine safety licence referred to in subsection (1) who is convicted of an offence against a provision specified in the Table to this subsection is automatically disqualified from holding or obtaining such a licence for— > > > > > (a) the period specified in Column 1 of the Table for that offence—if during the period of 5 years before the conviction the person had not been convicted of any other major offence, or > > > > > (b) the period specified in Column 2 of the Table for that offence—if during the period of 5 years before the conviction the person has been convicted of any other major offence. > > > > Table Disqualification periods > > > > | Offence | Column 1 | Column 2 | > > | Section 24 (1), (2) or (3) | 3 months | 6 months | > > | Section 24 (4) | 6 months | 12 months | > > | Section 24 (5) | 12 months | 2 years | > > | Section 25 (1) | 6 months | 12 months | > > | Section 25 (3) | 6 months | 12 months | > > | Section 26 (1) | 6 months | 12 months | > > > (3) However, the court before which the person is convicted may order that the convicted person be disqualified under subsection (2) for a shorter period specified in the order. > > > (4) Any disqualification under this section is in addition to any penalty imposed for the offence. > > > (5) The court is to cause particulars of any cancellation, suspension or disqualification under this section to be forwarded to Transport for NSW. > > Note. > > Section 135A deals with National licences. > > **s 28A:** Ins 2008 No 59, Sch 1 \[12\]. Am 2012 No 90, Sch 1 \[11\]; 2016 No 28, Sch 1 \[22\] \[23\]; 2020 No 30, Sch 4.42\[1\].