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Marine Safety Act 2010
43Safe Transport Victoria may cancel or suspend registration of a recreational vessel
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43 Safe Transport Victoria may cancel or suspend registration of a recreational vessel
S. 43(1) amended by Nos 36/2013 s. 47(2), 34/2023 s. 127(Sch. 1 item 7.13(a)).
(1) Safe Transport Victoria must cancel the registration of a recreational vessel if—
S. 43(1)(a) amended by No. 34/2023 s. 127(Sch. 1 item 7.13(b)).
(a) the registered person requests Safe Transport Victoria in writing to cancel the registration of that vessel; or
S. 43(1)(b) amended by No. 34/2023 s. 127(Sch. 1 item 7.13(b)).
(b) Safe Transport Victoria is satisfied that the vessel has been stolen and not recovered or has been destroyed; or
S. 43(1)(c) amended by Nos 78/2011 s. 7(a), 34/2023 s. 127(Sch. 1 item 7.13(b)).
(c) Safe Transport Victoria is satisfied that false or misleading information has been provided in connection with the registration of the vessel; or
S. 43(1)(d) inserted by No. 78/2011 s. 7(b).
(d) the vessel is exempted from registration by the regulations.
S. 43(2) amended by Nos 36/2013 s. 47(3)), 34/2023 s. 127(Sch. 1 item 7.13(a)).
(2) Safe Transport Victoria may, by written notice served on the registered person, suspend the registration of the recreational vessel if—
S. 43(2)(a) amended by Nos 37/2014 s. 10(Sch. item 107.2)), 34/2023 s. 127(Sch. 1 item 7.13(b)).
(a) Safe Transport Victoria has considered a report in relation to the vessel prepared by a police officer or a transport safety officer; and
S. 43(2)(b) amended by No. 34/2023 s. 127(Sch. 1 item 7.13(b)).
(b) based on the report, Safe Transport Victoria is satisfied that the vessel does not comply with this Act or the regulations.
S. 43(3) amended by No. 34/2023 s. 127(Sch. 1 item 7.13(a)).
(3) Safe Transport Victoria must specify in the notice served under subsection (2)—
(a) why the vessel does not comply with this Act or the regulations; and
S. 43(3)(b) amended by No. 34/2023 s. 127(Sch. 1 item 7.13(b)).
(b) how the person may demonstrate to Safe Transport Victoria that the deficiencies and defects in the vessel have been remedied.
S. 43(4) amended by Nos 36/2013 s. 47(4), 34/2023 s. 127(Sch. 1 item 7.13(b)).
(4) If the registration of a recreational vessel has been suspended under subsection (2), Safe Transport Victoria may during the current period of registration for that vessel, by written notice served on the registered person, withdraw the notice served under subsection (2) if—
S. 43(4)(a) amended by No. 34/2023 s. 127(Sch. 1 item 7.13(b)).
(a) the registered person has demonstrated to Safe Transport Victoria that the deficiencies and defects in the vessel have been remedied; and
S. 43(4)(b) amended by No. 34/2023 s. 127(Sch. 1 item 7.13(b)).
(b) Safe Transport Victoria is satisfied that the vessel complies with this Act and the regulations.