165When Safe Transport Victoria may take disciplinary action against person holding a permission

165 When Safe Transport Victoria may take disciplinary action against person holding a permission S. 165(1) amended by No. 34/2023 s. 127(Sch. 1 item 7.47). (1) Safe Transport Victoria may take disciplinary action against a person who holds a permission if Safe Transport Victoria is satisfied that— (a) the person has contravened a provision of a relevant marine safety law; or S. 165(1)(b) repealed by No. 36/2013 s. 66. (c) the person has failed to comply with any condition, restriction or other limitation imposed on the person under or by the permission; or S. 165(1)(d) substituted by No. 78/2011 s. 24(1). (d) the person has acted incompetently, negligently or has engaged in misconduct relating to the safe navigation, management or working of a vessel; or S. 165(1)(e) amended by No. 34/2023 s. 127(Sch. 1 item 7.47(b)). (e) the person has refused to undergo, or has failed, any test Safe Transport Victoria has required the person to undergo under this Act; or (f) it would be dangerous for the person to operate a vessel because of illness or bodily infirmity, defect or incapacity or because of the effects of treatment for any of those things; or (g) the permission was obtained by false statement or any misrepresentation or other dishonest means; or S. 165(1)(h) amended by No. 34/2023 s. 127(Sch. 1 item 7.47(b)). (h) a cheque submitted to Safe Transport Victoria as payment of a fee for a permission under the regulations has been dishonoured. S. 165(2) amended by No. 34/2023 s. 127(Sch. 1 item 7.47(a)). (2) Safe Transport Victoria, when deciding whether to take disciplinary action against a person who holds a permission, may consider the following— (a) the nature of the contravention or failure; (b) if there is more than one contravention or failure, the number of contraventions or failures; (c) whether the person has contravened or failed to comply as specified in subsection (1) on previous occasions; S. 165(2)(d) amended by No. 34/2023 s. 127(Sch. 1 item 7.47(b)). (d) any other matter Safe Transport Victoria thinks is relevant. S. 165(3) amended by No. 34/2023 s. 127(Sch. 1 item 7.47(a)). (3) Safe Transport Victoria may take disciplinary action against a person in respect of whom a court order has been made if— (a) the order requires the person to pay a sum of money by way of a fine, penalty, costs or restitution; and S. 165(3)(b) amended by Nos 78/2011 s. 24(2), 55/2017 s. 33. (b) the order was made in respect of an offence arising out of the use of a vessel in Victoria, including a transport safety infringement within the meaning of the **Transport (Safety Schemes Compliance and Enforcement) Act 2014**; and S. 165(3)(c) amended by No. 34/2023 s. 127(Sch. 1 item 7.47(b)). (c) Safe Transport Victoria has been notified by a person authorised by law to issue or to execute a warrant for the enforcement of the court order, that the order is wholly or partially unsatisfied. S. 166 (Heading) amended by No. 34/2023 s. 127(Sch. 1 item 7.48).