Section 77 - Marine Safety Regulation 2016 - When immediate boat driving licence suspension notice may be issued

77When immediate boat driving licence suspension notice may be issued

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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.

(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,

(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