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Marine Safety Act 2010
168Suspension of permission
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168 Suspension of permission
S. 168(1) amended by No. 34/2023 s. 127(Sch. 1 item 7.51(a)).
(1) This section applies if Safe Transport Victoria—
(a) has decided to serve, or has served, a disciplinary notice on a person who holds a permission; and
(b) believes, on reasonable grounds, that it is in the public interest that the permission held by the person be suspended as soon as practicable before a decision is made to take action under section 167(4) in relation to the person.
S. 168(2) amended by No. 34/2023 s. 127(Sch. 1 item 7.51(a)).
(2) In forming the belief referred to in subsection (1)(b), Safe Transport Victoria must consider—
(a) the circumstances leading to the decision to serve the disciplinary notice; and
(b) the grounds stated, or proposed to be stated, in the disciplinary notice.
S. 168(3) amended by No. 34/2023 s. 127(Sch. 1 item 7.51(b)).
(3) Safe Transport Victoria may serve on the person a notice (an ***immediate suspension notice***) suspending the permission.
(4) If an immediate suspension notice is served on the person, the permission is suspended on that service.
(5) A suspension in relation to a permission ends—
(a) if the permission is cancelled or suspended under section 167(4)—when the cancellation or suspension takes effect; or
(b) if a condition, restriction or other limitation is imposed on the permission, or a condition, restriction or other limitation on the permission is varied—when the condition, restriction or other limitation or varied condition, restriction or other limitation, takes effect; or
(c) in any other case—when the person is notified under section 167(5) of the decision made on the disciplinary notice.