40ADisqualification of persons from holding licences

#### 40A Disqualification of persons from holding licences 40A Disqualification of persons from holding licences > > (1) The responsible regulator may disqualify a person from holding or being granted a type of marine safety licence for a specified period of no more than 2 years if the person commits an offence against the marine legislation. > > > > Note— > > > > The Minister may also disqualify a person from holding or being granted a marine safety licence under section 111. > > > (2) For subsection (1), a person is taken to have committed an offence when the person is found guilty of the offence by a court. > > > (3) Before disqualifying a person from holding or being granted a licence, the responsible regulator must— > > > > > (a) give the person written notice of the proposed disqualification, and > > > > > (b) give the person a reasonable opportunity to make submissions about the proposed disqualification, and > > > > > (c) consider the submissions received. > > > (4) The responsible regulator may, by written notice given to the person, require the person to give the responsible regulator additional information that the responsible regulator considers reasonably necessary to decide whether to disqualify the person. > > > (5) The responsible regulator must give the person written notice of the disqualification. > > > (6) The notice given to the person must state the following— > > > > > (a) the period of the disqualification, > > > > > (b) the reasons for the disqualification, > > > > > (c) the person’s right to appeal the decision to disqualify the person. > > > (7) The responsible regulator may, at any time, end the period of the disqualification by further written notice to the person. > > **s 40A:** Ins 2025 No 12, Sch 1\[45\].