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Marine Safety Act 2010
124Direction not to transfer registration or register recreational vessel
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124 Direction not to transfer registration or register recreational vessel
S. 124(1) amended by No. 34/2023 s. 127(Sch. 1 item 7.35(a)).
(1) Within 7 days after service of a notice under section 121(1) or 123(1), the Chief Commissioner of Police must direct Safe Transport Victoria—
(a) not to transfer the registration of the recreational vessel that is the subject of the notice from the registered person to another person; or
(b) not to register (other than by way of renewal) the recreational vessel that is the subject of the notice, unless the recreational vessel is to be registered in the name of the person who was the most recent registered person of that vessel—
until the Chief Commissioner notifies Safe Transport Victoria that the direction has ceased in accordance with subsection (3).
(2) Subsection (1) applies whether or not an actual application for transfer of registration or registration has been made.
S. 124(3) amended by No. 34/2023 s. 127(Sch. 1 item 7.35(b)).
(3) The Chief Commissioner of Police must notify Safe Transport Victoria that the direction not to transfer registration or register under subsection (1) has ceased when any of the following occurs—
(a) if a notice is served under section 121(1)—
(i) the master is found not guilty of the relevant offence for which the application specified in the notice is made;
(ii) the Chief Commissioner of Police does not make the application referred to in the notice within 28 days after the master is sentenced for a relevant offence;
(iii) the charge for the relevant offence specified in the notice is withdrawn and no other charge-sheet is filed charging for any other relevant offence arising out of the same single set of circumstances;
S. 124(3)(b) amended by No. 29/2011 s. 3(Sch. 1 item 57.4).
(b) if a notice is served under section 123(1)—
(i) the master is found not guilty of one or more relevant offences which results in the master being subject to only one remaining charge for a relevant offence;
(ii) the Chief Commissioner of Police does not make the application referred to in the notice within 28 days after the master is sentenced for the second or third relevant offence;
(iii) the charges for one or more of the relevant offences specified in the notice are withdrawn which results in the master being subject to only one remaining charge for a relevant offence;
(c) the court hearing the application declines to make an impoundment or immobilisation order or a forfeiture order;
(d) the court sets aside an impoundment or immobilisation order or a forfeiture order under section 128;
(e) an impoundment or immobilisation order or a forfeiture order is quashed, set aside on appeal or, as a result of a conviction for a relevant offence being set aside on appeal, the order ceases to have effect;
(f) the period of impoundment or immobilisation specified in an impoundment or immobilisation order ends;
S. 124(3)(g) amended by No. 37/2014 s. 10(Sch. item 107.8).
(g) a forfeiture order becomes effective and a police officer or an authorised person takes possession of the recreational vessel that is the subject of the forfeiture order.
Section 129 sets out when an order takes effect.
S. 125 (Heading) amended by No. 34/2023 s. 127(Sch. 1 item 7.36).