VICIn ForceAct
Marine Safety Act 2010
1A statement may cease to be an effective statement under section 179.
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1 A statement may cease to be an effective statement under section 179.
2 It is an offence to provide false or misleading information in a statement: see section 182.
(2) Information contained in a known user statement or a sold vessel statement identifying a person is sufficient for the purposes of this Part if it contains—
(a) in the case of an individual, his or her full name and current home address and either his or her date of birth or the number of the licence or certificate authorising him or her to be the master of a vessel and, if that licence or certificate is issued by a corresponding authority, the name of that authority; and
(b) in the case of a person other than an individual, its full name and current address and (where applicable) its Australian Business Number or Australian Company Number; and
(c) reasons for nominating the individual under paragraph (a) or person under paragraph (b); and
(d) in any case, any other prescribed information.
(3) A statement containing all the information required by subsection (2) is an effective statement for the purposes of this Part.
(4) In addition, an enforcement official may decide to accept a known user statement or a sold vessel statement as an effective statement for the purposes of this Part even if it does not contain all the information required by subsection (2) if the enforcement official is satisfied that it contains sufficient information to identify and locate the nominated person.
(5) An enforcement official may decide to accept an illegal user statement as an effective statement for the purposes of this Part if satisfied as to the matters, and any reasons set out in support of those matters, stated in the statement.
(6) An enforcement official may decide to accept an unknown user statement as an effective statement if the enforcement official is satisfied that it states—
(a) that, at the time of the offence, the person was not the master of the vessel, or had not at that time possession or control of the vessel; and
(b) reasons in support of the matters raised under paragraph (a) that—
(i) are adequate and reasonable in the circumstances; and
(ii) explain why the person could not, with reasonable diligence, ascertain the identity of the person who was at that time the master of the vessel or at that time was last known to have had possession or control of the vessel.
(7) An enforcement official to whom a known user statement or sold vessel statement (not containing all the information required by subsection (2)) or an illegal user statement or an unknown user statement is given under subsection (1) must, within the prescribed period, cause a notice to be served on the person who gave the statement stating whether or not the enforcement official has decided under subsection (4), (5) or (6) (as the case requires) to accept the statement as an effective statement for the purposes of this Part.
(8) If subsection (7) is not complied with in respect of a statement, the enforcement official must be taken to have decided to accept the statement as an effective statement for the purposes of this Part.
(9) A notice under subsection (7) may be served by post addressed to the person at an authorised address (within the meaning of section 163A of the **Infringements Act 2006**).
(10) A notice under subsection (7) served in accordance with subsection (9) and returned undelivered to its sender is taken to be served 14 days after the date specified in the notice as the date of the notice, despite it being returned to its sender as undelivered.
(11) Subsection (10) has effect despite anything to the contrary in section 308 or section 49(1) of the **Interpretation of Legislation Act 1984**.