Victorian Current Acts

MARINE SAFETY ACT 2010 - SECT 369

    (1)     This section applies if—

        (a)     a proceeding has been commenced before the commencement day in the Magistrates' Court under section 125 of the Marine Act in relation to a decision to—

              (i)     suspend or cancel an operator licence; or

              (ii)     revoke a personal watercraft endorsement; and

        (b)     that proceeding has not been finally determined before that day.

    (2)     Despite anything to the contrary in this Act, the proceeding must be heard and determined as if the Marine Act and Marine Regulations were in force.

    (3)     If the effect of the determination of the Magistrates' Court is that the operator licence is suspended—

        (a)     the determination of the court is taken to be a determination to suspend the marine licence to which section 327 applies; and

        (b)     the marine licence is, on the day that determination takes effect, taken to be suspended for the period determined by the court.

    (4)     If the effect of the determination of the Magistrates' Court is that the operator licence is cancelled—

        (a)     the determination of the court is taken to be a determination to cancel the marine licence to which section 327 applies; and

        (b)     the marine licence is, on the day that determination takes effect, taken to be cancelled.

    (5)     If the effect of the determination of the Magistrates' Court is that the personal watercraft endorsement is revoked—

        (a)     the determination of the court is taken to be a determination to cancel the licence endorsement on the marine licence to which section 328 applies; and

        (b)     the licence endorsement is, on the day that decision takes effect, taken to be cancelled.

Note

See also section 327.