38Suspension or cancellation of licences

#### 38 Suspension or cancellation of licences 38 Suspension or cancellation of licences > > (1) The responsible regulator must suspend or cancel a marine safety licence in the following circumstances— > > > > > (a) the holder of the licence requests, or agrees to, the suspension or cancellation, > > > > > (b) the holder of the licence is not a suitable person to hold a marine safety licence, > > > > > (c) the responsible regulator decides the suspension or cancellation is in the public interest, > > > > > (d) another circumstance prescribed by the regulations. > > > (2) The responsible regulator may suspend or cancel a marine safety licence in the following circumstances— > > > > > (a) the holder of the licence has given information for the purposes of the marine legislation that is found to be false or misleading in a material particular, > > > > > > Note— > > > > > > The [Crimes Act 1900](/view/html/inforce/current/act-1900-040), Part 5A contains offences relating to the making of false or misleading applications or giving false or misleading information or documents. > > > > > (b) another circumstance prescribed by the regulations. > > > > Note— > > > > The Minister may also suspend or cancel a marine safety licence under section 111. > > > (3) Before suspending or cancelling the licence, the responsible regulator must— > > > > > (a) give the holder of the licence written notice of the proposed suspension or cancellation, and > > > > > (b) give the holder of the licence a reasonable opportunity to make submissions about the proposed suspension or cancellation, and > > > > > (c) consider the submissions received. > > > (4) The responsible regulator may, by written notice given to the holder of the licence, require the holder to give the responsible regulator additional information that the responsible regulator considers reasonably necessary to decide whether to suspend or cancel the licence. > > > (5) The responsible regulator must give the holder of the licence written notice of the suspension or cancellation of the licence. > > > (6) The suspension or cancellation takes effect on— > > > > > (a) the date the notice of the suspension or cancellation is given, or > > > > > (b) a later date as specified in the notice. > > > (7) The notice given to the holder of the licence must state the following— > > > > > (a) the date the suspension or cancellation takes effect, > > > > > (b) if the licence is suspended—the date the suspension ends, > > > > > (c) if the holder did not request the suspension or cancellation—the reasons for the suspension or cancellation, > > > > > (d) the holder’s right to appeal the decision to suspend or cancel the licence. > > > (8) Subsections (3)–(7) do not apply to the suspension of a marine safety licence— > > > > > (a) in an emergency, or > > > > > (b) if there is a serious risk to public safety, or > > > > > (c) in another circumstance prescribed by the regulations. > > > (9) The responsible regulator may, at any time, remove the suspension of a marine safety licence imposed by the responsible regulator under this section. > > **s 38:** Subst 2008 No 59, Sch 1 \[19\]. Am 2014 No 38, Sch 1.1 \[2\]. Subst 2025 No 12, Sch 1\[43\].