84Cheating or forgery

84 Cheating or forgery

84 Cheating or forgery

(1) An applicant for a marine safety licence must not cheat in any examination associated with the marine safety licence.

(2) A person must not—

(a) forge a marine safety licence, or

(b) alter a marine safety licence without proper authorisation, or

(c) use a forged marine safety licence, or

(d) use a marine safety licence that has been altered without proper authorisation.

(3) A person who commits an offence under subclause (1) or (2) is disqualified from holding or obtaining any licence under this Part for a period of 12 months after the commission of the offence. The disqualification is in addition to any penalty imposed for the offence.

(4) A disqualification imposed by subclause (3) does not operate to the extent to which it is inconsistent with any order of a court, or any decision of the responsible regulator under section 38 of the Act, that disqualifies the person concerned from holding or obtaining a licence.

(5) For the purposes of this clause, a person is taken to have committed an offence at the time that the person—

(a) is found guilty of the offence by a court, or

(b) pays the penalty required by a penalty notice served on the person under section 126 of the Act in respect of the alleged offence (or if the person does not pay the penalty and does not elect to have the matter dealt with by a court, at the time that enforcement action is taken against the person under Division 3 or 4 of Part 4 of the Fines Act 1996).

Maximum penalty (subclauses (1) and (2)): 10 penalty units.