Victorian Current Acts

MARINE SAFETY ACT 2010 - SECT 171

    (1)     Subject to subsection (2), a court may suspend or cancel a marine licence held by a person and, whether or not that person holds a marine licence, disqualify that person from obtaining a marine licence for the period specified by the court (if any) or as otherwise provided under this section, if that person is guilty of an offence against a relevant marine safety law.

S. 171(2) amended by No. 55/2017 s. 13.

    (2)     On conviction for an offence against section 24, 318(1), 319(1) or 319(1A) of the Crimes Act 1958 in connection with the operating of a vessel, the court must—

        (a)     in the case of an offender who holds a marine licence, cancel that licence and disqualify the offender from obtaining a marine licence for the period of time (not being less than 6 months) that the court thinks fit; or

        (b)     in the case of an offender who does not hold a marine licence, disqualify the offender from obtaining a marine licence for the period of time (not being less than 6 months) that the court thinks fit.

    (3)     Subsection (1) does not affect the obligation of a court to cancel a marine licence and disqualify the offender in any case in which cancellation and disqualification are mandatory under—

        (a)     section 87; or

        (b)     section 28A of the Marine (Drug, Alcohol and Pollution Control) Act 1988 .

S. 171(4) amended by No. 34/2023 s. 127(Sch.  1 item 7.54).

    (4)     A court must cause particulars of an order made under subsection (1) or (2) to be sent immediately to Safe Transport Victoria.

    (5)     If under subsection (1) or (2) a court disqualifies a person from obtaining a marine licence for any period of time without expressly cancelling any marine licence held by that person, the marine licence held by the person is, unless the order specifies otherwise, taken to have been cancelled by that order.

    (6)     Subsection (1) does not apply to an offence under section 31A(6) of the Marine (Drug, Alcohol and Pollution Control) Act 1988 unless the court is satisfied that the person convicted or found guilty of the offence was the master of or the person operating a vessel less than 3 hours before the time of the offence.

    (7)     A marine licence cancelled by a court is of no effect and a person whose marine licence is cancelled is (without affecting the power of the court to impose a longer period) disqualified from obtaining a further marine licence for the period specified by the court or, if no period is specified, for 3 months.

    (8)     In this section—

"vessel" means—

        (a)     a registered recreational vessel; or

        (b)     a regulated hire and drive vessel.

S. 171A (Heading) amended by No. 34/2023 s. 127(Sch.  1 item 7.55).

S. 171A inserted by No. 19/2022 s. 68.