VICIn ForceAct
Marine Safety Act 2010
370Appeals commenced in relation to decisions to vary operator licences or vary conditions on licences or endorsements
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370 Appeals commenced in relation to decisions to vary operator licences or vary conditions on licences or endorsements
(a) a proceeding has been commenced before the commencement day in the Magistrates' Court under section 125 of the Marine Act in relation to a decision to—
(i) impose or vary a condition on an operator licence or personal watercraft endorsement; or
(ii) vary an operator licence; and
(2) Despite anything to the contrary in this Act, the proceeding must be heard and determined as if the Marine Act and Marine Regulations were in force.
(3) If the effect of the determination of the Magistrates' Court is that a condition be imposed on the operator licence—
(a) the determination of the court is taken to be a determination to impose a condition on the marine licence to which section 327 applies; and
(b) the marine licence is, on the day that determination takes effect, taken to be varied to include the condition imposed.
(4) If the effect of the determination of the Magistrates' Court is that a condition on the operator licence be varied—
(a) the determination of the court is taken to be a determination to vary the condition of the marine licence to which section 327 applies; and
(b) the condition of the marine licence is, on the day that determination takes effect, taken to be varied in accordance with that determination.
(5) If the effect of the determination of the Magistrates' Court is that a condition be imposed on the personal watercraft endorsement—
(a) the determination of the court is taken to be a determination to impose a condition on the licence endorsement on the marine licence to which section 328 applies; and
(b) the licence endorsement is, on the day that determination takes effect, taken to be varied to include the condition imposed.
(6) If the effect of the determination of the Magistrates' Court is that a condition on the personal watercraft endorsement be varied—
(a) the determination of the court is taken to be a determination to vary the condition of the licence endorsement on the marine licence to which section 328 applies; and
(b) the condition of the licence endorsement is, on the day that determination takes effect, taken to be varied in accordance with that determination.
(7) If the effect of the determination of the Magistrates' Court is that an operator licence be varied—
(a) the determination of the court is taken to be a determination to vary the marine licence to which section 327 applies; and
(b) the marine licence is, on the day that determination takes effect, taken to be varied in accordance with that determination.