44Cancellation of registration by court

44 Cancellation of registration by court S. 44(1) amended by Nos 29/2011 s. 3(Sch. 1 item 57.2), 36/2013 s. 48, 34/2023 s. 127(Sch. 1 item 7.14(a)). (1) A court convicting a person of an offence against section 60 may, if the circumstances warrant it, order the cancellation of the registration of the recreational vessel in respect of which the offence was committed, if that vessel is owned by that person, and order Safe Transport Victoria not to register that vessel again during the period specified by the court. (2) If the court considers that another person who is not present in court may be substantially affected by an order made under subsection (1), the court must issue a summons to that other person to show cause why the order should not be made. (3) On the return of the summons, the court may, after hearing the evidence brought before it— (a) refuse to order that the registration be cancelled; or S. 44(3)(b) amended by No. 34/2023 s. 127(Sch. 1 item 7.14(a)). (b) order that the registration be cancelled, and order Safe Transport Victoria not to register that vessel again during the period specified by the court. S. 44(4) amended by No. 34/2023 s. 127(Sch. 1 item 7.14(b)). (4) The court must cause particulars of an order made under this section to be sent immediately to Safe Transport Victoria and Safe Transport Victoria must give effect to the order as soon as possible. Pt 3.2 (Heading) amended by Nos 78/2011 s. 8, 36/2013 s. 49. Part 3.2—Licensing of masters of recreational vessels and regulated hire and drive vessels Division 1—Purposes 45 Purposes of licensing The purposes of licensing masters of recreational vessels are— (a) to ensure that people who are in charge of or in command of registered recreational vessels are competent masters; and (b) to ensure that those masters are aware of safe operating practices and relevant marine safety laws; and (c) to ensure that people who are, or who become, unsuited to be the master of a registered recreational vessel are not permitted to be the master of a registered recreational vessel; and (d) to enable the identification of masters for the purposes of law enforcement and the investigation of, and response to, marine incidents and accidents. Division 2—Offences for unlicensed master of certain classes of registered recreational vessels 46 Offence to be a master of registered recreational vessel without a marine licence or in breach of conditions of marine licence (1) A person must not be the master of a registered recreational vessel unless the person holds a marine licence. (2) A master of a registered recreational vessel must operate the vessel in accordance with any prescribed condition or any condition specified in the marine licence the master holds. 47 Offence to be a master of prescribed type of registered recreational vessel without licence endorsement (1) A person must not be the master of a prescribed class or type of registered recreational vessel unless the person has a licence endorsement for that class or type of vessel. (2) A master of a prescribed class or type of registered recreational vessel must operate the vessel in accordance with any prescribed condition or any condition specified in the licence endorsement for that class or type of vessel.