sec.202ADisqualifying person from holding licence and cancelling or suspending current licence

### sec.202A Disqualifying person from holding licence and cancelling or suspending current licence This section applies if— a person is convicted of an offence against— section 41 , 43 , 44 , 45 , 57 , 61 , 61C , 186 , 202J or 211 ; or the Transport Operations (Road Use Management) Act 1995 , section 79 or 80 , or the Criminal Code , section 328A , that involved a ship used, being used or apparently about to be used in navigation and the person was the person in control of the ship; and at the time of the offence— the person was required under this Act to hold a licence to operate the ship; or if the person had not held an authority or licence (however described) from the Commonwealth or another State, the person would have been required to hold a licence to operate the ship; and the court before which the person is convicted is satisfied the person should, in the interests of marine safety, be disqualified or further disqualified from holding or obtaining a licence. On application by the prosecution or on its own initiative, the court may order— if the person is currently disqualified absolutely from holding a licence—from the time of the conviction, the person is again disqualified absolutely from holding or obtaining a licence; or if the person is currently disqualified from holding a licence for a stated time— from the time of the conviction, the person is disqualified absolutely; or from a time stated by the court, the person is disqualified for a stated time from holding or obtaining a licence; or otherwise—from the time of the conviction, the person is disqualified absolutely, or for a time stated by the court, from holding or obtaining a licence. A court that makes an order under subsection (2) is a disqualifying court . In making an order under subsection (2) , the disqualifying court must have regard to— the nature of the offence; and the circumstances in which the offence was committed; and the real or potential danger to other persons operating or aboard ships and the public generally; and whether during the period of 5 years before the conviction, including any period before the commencement of this section, the person had been convicted of an offence mentioned in subsection (1) (a) . An order under subsection (2) is in addition to any other penalty the disqualifying court may impose, or other order the disqualifying court may make, under an Act. It does not matter that the person for whom an order under subsection (2) is made— was not present when the disqualifying court made its order; or was not called on to show cause why the order should not be made. s 202A ins 2006 No. 21 s 91 amd 2016 No. 3 s 76 sch 1 (sec.202A-ssec.1) This section applies if— a person is convicted of an offence against— section 41 , 43 , 44 , 45 , 57 , 61 , 61C , 186 , 202J or 211 ; or the Transport Operations (Road Use Management) Act 1995 , section 79 or 80 , or the Criminal Code , section 328A , that involved a ship used, being used or apparently about to be used in navigation and the person was the person in control of the ship; and at the time of the offence— the person was required under this Act to hold a licence to operate the ship; or if the person had not held an authority or licence (however described) from the Commonwealth or another State, the person would have been required to hold a licence to operate the ship; and the court before which the person is convicted is satisfied the person should, in the interests of marine safety, be disqualified or further disqualified from holding or obtaining a licence. (sec.202A-ssec.2) On application by the prosecution or on its own initiative, the court may order— if the person is currently disqualified absolutely from holding a licence—from the time of the conviction, the person is again disqualified absolutely from holding or obtaining a licence; or if the person is currently disqualified from holding a licence for a stated time— from the time of the conviction, the person is disqualified absolutely; or from a time stated by the court, the person is disqualified for a stated time from holding or obtaining a licence; or otherwise—from the time of the conviction, the person is disqualified absolutely, or for a time stated by the court, from holding or obtaining a licence. (sec.202A-ssec.3) A court that makes an order under subsection (2) is a disqualifying court . (sec.202A-ssec.4) In making an order under subsection (2) , the disqualifying court must have regard to— the nature of the offence; and the circumstances in which the offence was committed; and the real or potential danger to other persons operating or aboard ships and the public generally; and whether during the period of 5 years before the conviction, including any period before the commencement of this section, the person had been convicted of an offence mentioned in subsection (1) (a) . (sec.202A-ssec.5) An order under subsection (2) is in addition to any other penalty the disqualifying court may impose, or other order the disqualifying court may make, under an Act. (sec.202A-ssec.6) It does not matter that the person for whom an order under subsection (2) is made— was not present when the disqualifying court made its order; or was not called on to show cause why the order should not be made. - (a) a person is convicted of an offence against— (i) section 41 , 43 , 44 , 45 , 57 , 61 , 61C , 186 , 202J or 211 ; or (ii) the Transport Operations (Road Use Management) Act 1995 , section 79 or 80 , or the Criminal Code , section 328A , that involved a ship used, being used or apparently about to be used in navigation and the person was the person in control of the ship; and - (i) section 41 , 43 , 44 , 45 , 57 , 61 , 61C , 186 , 202J or 211 ; or - (ii) the Transport Operations (Road Use Management) Act 1995 , section 79 or 80 , or the Criminal Code , section 328A , that involved a ship used, being used or apparently about to be used in navigation and the person was the person in control of the ship; and - (b) at the time of the offence— (i) the person was required under this Act to hold a licence to operate the ship; or (ii) if the person had not held an authority or licence (however described) from the Commonwealth or another State, the person would have been required to hold a licence to operate the ship; and - (i) the person was required under this Act to hold a licence to operate the ship; or - (ii) if the person had not held an authority or licence (however described) from the Commonwealth or another State, the person would have been required to hold a licence to operate the ship; and - (c) the court before which the person is convicted is satisfied the person should, in the interests of marine safety, be disqualified or further disqualified from holding or obtaining a licence. - (i) section 41 , 43 , 44 , 45 , 57 , 61 , 61C , 186 , 202J or 211 ; or - (ii) the Transport Operations (Road Use Management) Act 1995 , section 79 or 80 , or the Criminal Code , section 328A , that involved a ship used, being used or apparently about to be used in navigation and the person was the person in control of the ship; and - (i) the person was required under this Act to hold a licence to operate the ship; or - (ii) if the person had not held an authority or licence (however described) from the Commonwealth or another State, the person would have been required to hold a licence to operate the ship; and - (a) if the person is currently disqualified absolutely from holding a licence—from the time of the conviction, the person is again disqualified absolutely from holding or obtaining a licence; or - (b) if the person is currently disqualified from holding a licence for a stated time— (i) from the time of the conviction, the person is disqualified absolutely; or (ii) from a time stated by the court, the person is disqualified for a stated time from holding or obtaining a licence; or - (i) from the time of the conviction, the person is disqualified absolutely; or - (ii) from a time stated by the court, the person is disqualified for a stated time from holding or obtaining a licence; or - (c) otherwise—from the time of the conviction, the person is disqualified absolutely, or for a time stated by the court, from holding or obtaining a licence. - (i) from the time of the conviction, the person is disqualified absolutely; or - (ii) from a time stated by the court, the person is disqualified for a stated time from holding or obtaining a licence; or - (a) the nature of the offence; and - (b) the circumstances in which the offence was committed; and - (c) the real or potential danger to other persons operating or aboard ships and the public generally; and - (d) whether during the period of 5 years before the conviction, including any period before the commencement of this section, the person had been convicted of an offence mentioned in subsection (1) (a) . - (a) was not present when the disqualifying court made its order; or - (b) was not called on to show cause why the order should not be made.