40Interpretation of Division

40 Interpretation of Division

In this Division –

disqualification order means the sentencing order by which a person is disqualified;

disqualify, a person convicted of an offence, means –

(a) for an offence under Division 1 of Part 2 or an obstructive offence in respect of a commercial vessel, prohibit the person from operating commercial vessels; and

(b) for an offence under Division 2 of Part 2 or an obstructive offence in respect of a vessel other than a commercial vessel, prohibit the person from operating vessels of such class or description as the court imposing the disqualification considers appropriate in the circumstances;

local mariners certificate means a mariners certificate issued by MAST;

obstructive offence means an offence against section 21(2) , section 22(3) , section 24(2) , section 26(2) , section 28(3) , section 33(3) or section 38(3) ;

relevant matters, in relation to the commission of an offence against this Act, includes –

(a) the nature and seriousness of the offence (including whether the safety of any persons, vessels or property was put at risk); and

(b) the circumstances in which the offence was committed; and

(c) the offender's level of co-operation as regards the applicable investigation and enforcement requirements of this Act; and

(d) the offender's antecedents and character; and

(e) the number and type of mariners certificates, if any, held by the offender.