Victorian Numbered Regulations

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MARINE REGULATIONS 2009 (SR NO 180 OF 2009) - REG 722

Variation, suspension or cancellation of operator licence

    (1)     The Director may vary, suspend or cancel an operator licence or vary the conditions on an operator licence if it appears to the Director that—

        (a)     the holder of the licence has refused to undergo, or has failed, any test the Director has required the person to undergo under Part 10A of the Act; or

        (b)     it would be dangerous for the holder of the licence to operate a regulated recreational vessel because of illness or bodily infirmity, defect or incapacity or because of the effects of treatment for any of those things; or

        (c)     the holder of the licence has insufficient knowledge of the provisions of the Act, these Regulations or any notice under section 15 of the Act applying to the operation of regulated recreational vessels; or

        (d)     a court order requires the holder of the licence to pay a sum of money by way of a fine, penalty, costs or restitution or any two of those things and—

              (i)     the order was made in respect of an offence arising out of the use of a regulated recreational vessel in Victoria, including a marine infringement; and

              (ii)     a person authorised by law to issue or to execute a warrant for the enforcement of the court order notifies the Director that the Order is wholly or partially unsatisfied; or

        (e)     the holder of the licence is not, under regulation 700, eligible to apply for an operator licence; or

        (f)     the operator licence was issued or renewed in error; or

        (g)     a cheque submitted to the Director as payment of a fee under these Regulations has been dishonoured; or

        (h)     the holder of the licence has been convicted in another State or a Territory of the Commonwealth or another country of an offence which, if the person had been the holder of a licence or other authority in that State, Territory or country would have enabled the relevant authority in that State, Territory or country to suspend or cancel the person's licence or other authority; or

              (i)     the holder of the licence has failed to comply with a condition of the operator licence; or

        (j)     the holder of the licence is disqualified from operating a general recreational vessel in another country or the person's licence or other authority in that country has been cancelled because of a judgment, order or decision made under, or otherwise by operation of, the law of that country.

    (2)     The Director must suspend or cancel an operator licence if the holder of the licence is disqualified from operating a general recreational vessel in another State or a Territory of the Commonwealth or the person's licence in that State or Territory has been cancelled because of a judgment, order or decision made under, or otherwise by operation of, the law of that State or Territory.

    (3)     The Director may vary an operator licence to correct any error or omission in it and issue a replacement operator licence document.



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