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Marine Safety Act 2010
56Safe Transport Victoria may require a person to undergo testing
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56 Safe Transport Victoria may require a person to undergo testing
S. 56(1) amended by No. 34/2023 s. 127(Sch. 1 item 7.19(a)).
(1) Safe Transport Victoria may require—
(a) the holder of a marine licence (whether endorsed or not); or
(b) an applicant for a marine licence or an applicant for an endorsement of a marine licence; or
(c) an applicant for a variation of conditions of a marine licence or an endorsement of a marine licence—
to undergo a test or tests of health or competence or any other appropriate test or tests to determine the matters specified in subsection (2).
(2) For the purposes of subsection (1), the following matters are specified—
(a) whether the person is unfit to be the master of—
(i) a registered recreational vessel; or
(ii) a registered recreational vessel of a prescribed class or type that may be used to undertake a prescribed activity; or
(b) whether it may be dangerous for the person to be the master of any recreational vessel.
S. 56(3) amended by No. 34/2023 s. 127(Sch. 1 item 7.19(b)).
(3) A test required by Safe Transport Victoria under this section must be carried out by a person of the class prescribed in relation to that class of test.
S. 56(4) amended by No. 34/2023 s. 127(Sch. 1 item 7.19(b)).
(4) No action may be taken against a person who carries out a test under this section and who expresses to Safe Transport Victoria an opinion formed by that person as a result of the test.
S. 56(5) amended by No. 34/2023 s. 127(Sch. 1 item 7.19(b)).
(5) No action may be taken against a person who, in good faith, reports to Safe Transport Victoria any information which discloses or suggests that—
(a) the person is unfit to be the master of—
(i) a registered recreational vessel; or
(ii) a registered recreational vessel of a prescribed class or type that may be used to undertake a prescribed activity; or
(b) it may be dangerous for the person to be master of a recreational vessel, whether or not that vessel is a prescribed class or type of vessel or is a vessel that may be used to undertake a prescribed activity.
(6) A marine licence obtained by a person who is disqualified from obtaining a marine licence is of no effect.