77When immediate boat driving licence suspension notice may be issued

#### 77 When immediate boat driving licence suspension notice may be issued 77 When immediate boat driving licence suspension notice may be issued > > (1) An immediate licence suspension notice is a notice in a form approved by Transport for NSW that informs the holder of a boat driving licence of the fact that— > > > > > (a) the licence is suspended, and > > > > > (b) if the holder is dissatisfied with the suspension of the notice, the holder may apply to the Tribunal for an administrative review under the [Administrative Decisions Review Act 1997](/view/html/inforce/current/act-1997-076). > > > (2) An authorised officer may give the holder of a boat driving licence an immediate licence suspension notice in any of the following circumstances— > > > > > (a) if the holder of the boat driving licence is charged by a police officer (whether or not the same police officer) with an offence involving the death of, or grievous bodily harm to, another person caused by the use of a vessel, being an offence that comprises— > > > > > > > (i) the crime of murder or manslaughter, or > > > > > > > (ii) an offence against section 33, 35 (2), 52B or 54 of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), > > > > > (b) the holder of the boat driving licence is charged with an offence under section 13 or 13A of the Act, > > > > > (c) the holder of the boat driving licence is charged with an offence under section 24 of the Act that involves a middle range prescribed concentration of alcohol or high range prescribed concentration of alcohol. > > > (3) An immediate licence suspension notice may be given to the holder of a boat driving licence at any time within 48 hours after— > > > > > (a) the holder being served with a penalty notice for the offence concerned, or > > > > > (b) the holder being charged with the offence concerned. > > > (4) An immediate licence suspension notice operates to suspend the licence from a date specified in the notice, or (if the notice so specifies) immediately on receipt of the notice, until— > > > > > (a) the charge is heard and determined by a court (that is, when the offence is proved or the court attendance notice is dismissed), or > > > > > (b) until the charge is withdrawn (that is, when the person charged is notified in writing of that fact by the responsible regulator or when it is withdrawn before the court), or > > > > > (c) a decision is made not to take or continue proceedings against a person (that is, when the person is notified in writing of that fact by a responsible regulator or the proceedings are discharged by the court). > > > (5) Particulars of each immediate licence suspension notice given under this clause are to be forwarded to Transport for NSW immediately after the notice is given. > > > (6) If an immediate licence suspension notice is given to the holder of a boat driving licence, any boat driving licence held by the person is suspended in accordance with the terms of the notice. > > > (7) A person who holds a boat driving licence and who is given an immediate licence suspension notice must surrender the person’s licence. > > > > Maximum penalty—20 penalty units. > > > (8) For the purposes of this clause, a person is charged with an offence when particulars of the offence are notified in writing to the person by a responsible regulator. > > **cl 77:** Am 2016 (613), Sch 1 \[14\].