29AGrounds for finding persons not suitable to hold licence

#### 29A Grounds for finding persons not suitable to hold licence 29A Grounds for finding persons not suitable to hold licence > > (1) A person is not a suitable person to hold a marine safety licence in the following circumstances— > > > > > (a) the person is— > > > > > > > (i) not qualified to hold the licence, or > > > > > > > (ii) disqualified from holding the licence, or > > > > > > > (iii) otherwise not eligible for the licence under this Act or the regulations, > > > > > (b) the person does not have the knowledge or skills required for the licence, > > > > > (c) the responsible regulator is satisfied the person is not a suitable person to hold the licence. > > > (2) The responsible regulator may be satisfied a person is not a suitable person to hold a marine safety licence in the following circumstances— > > > > > (a) the person has failed to comply with a condition of a current or previous marine safety licence, > > > > > (b) fees for, or in connection with, a current or previous marine safety licence of the person are overdue and have been overdue for a period of at least 14 days, > > > > > (c) the person has committed an offence under— > > > > > > > (i) a provision of the marine legislation, or > > > > > > > (ii) the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), section 52B, or > > > > > > > (iii) a provision of a law of the Commonwealth or another State or Territory that the responsible regulator reasonably considers to be similar to a provision referred to in subparagraph (i) or (ii), > > > > > (d) for a marine safety licence other than a vessel registration certificate—the responsible regulator is satisfied the person is not a fit and proper person to hold the licence, > > > > > (e) for a vessel registration certificate—the person is, or has been, a relevant owner of a vessel and has— > > > > > > > (i) failed to comply with Part 5, Division 2 in relation to the vessel, or > > > > > > > (ii) been issued a statutory notice in relation to the vessel and has not complied with the notice. > > > (3) For subsection (2)(c), a person is taken to have committed an offence if— > > > > > (a) the person has been found guilty of the offence by a court, or > > > > > (b) the person— > > > > > > > (i) has been issued a penalty notice for the alleged offence, and > > > > > > > (ii) does not elect to have the matter dealt with by a court, and > > > > > > > (iii) either— > > > > > > > > > (A) pays the penalty required by the penalty notice for the alleged offence, or > > > > > > > > > (B) has enforcement action taken against the person under the [Fines Act 1996](/view/html/inforce/current/act-1996-099), Part 4, Division 3 or 4. > > **s 29A:** Ins 2025 No 12, Sch 1\[37\].