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].