46Disqualified person may apply for restricted mariners certificate

46 Disqualified person may apply for restricted mariners certificate

(1)  A person who is subject to a disqualification order may apply to a court of petty sessions for an order authorising the issue of a restricted mariners certificate.

(2)  A restricted mariners certificate is a mariners certificate that authorises the person to operate a vessel of a particular class or description, despite being prohibited from doing so by the disqualification order.

(3)  The application must –

(a) be made in writing; and

(b) state the name, age and residential address of the applicant and an address for service of notices; and

(c) contain details of every mariners certificate held by the applicant at the time of making the application (including any that are suspended); and

(d) contain details of every other mariners certificate held by the applicant during the 10-year period immediately preceding the making of the application (including any that were surrendered or for any reason cancelled); and

(e) as far as practicable, give details of the convictions, if any, recorded against the applicant for offences against the laws of Tasmania or any other jurisdiction in the 10-year period immediately preceding the making of the application and involving the operation of a vessel, including –

(i) the date on which each of the offences was committed; and

(ii) the courts by which, and the dates on which, the applicant was convicted and particulars of penalties imposed or other orders made in respect of the offences or, if any of the offences were dealt with by infringement notice of any kind, the infringement notice penalties; and

(f) give details of the disqualification order and state whether any similar disqualification has previously been imposed on the applicant (in Tasmania or elsewhere) and, if so, the period of the disqualification and the reasons for it; and

(g) state the grounds on which the applicant asks for the order authorising the issue of the restricted mariners certificate; and

(h) contain details of the severe and unusual hardship that would be suffered by the applicant, or the applicant's dependants, if the application were refused; and