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MARINE REGULATIONS 2009 (SR NO 180 OF 2009) - REG 723

Procedures for variation, cancellation or suspension of operator licence

    (1)     If, under regulation 722(1), the Director decides to—

        (a)     vary an operator licence; or

        (b)     vary the conditions on an operator licence; or

        (c)     suspend an operator licence; or

        (d)     cancel an operator licence—

the Director must notify the holder of the licence of that decision, and that decision must not take effect until at least 28 days after the notice is given.

    (2)     A notice under subsection (1) must be in writing and must set out—

        (a)     the reasons for the variation, suspension or cancellation; and

        (b)     the effect of the variation, suspension or cancellation; and
r. 723

        (c)     the date of the variation, suspension or cancellation; and

        (d)     the action if any that may be taken by the holder of the licence in order to avoid the variation, suspension or cancellation; and

        (e)     the date by which the holder of the licence must take that action.

    (3)     An operator licence is varied, suspended or cancelled in accordance with the terms of a notice given under subregulation (1) on the date specified in the notice unless the Director, by further notice in writing, withdraws the notice.

    (4)     This regulation does not apply to the suspension of an operator licence under section 119(2) of the Act.

    (5)     If an operator licence is varied, suspended or cancelled by the Director under section 119 of the Act or by a court, the holder of that licence must, upon being given a notice of the variation, suspension or cancellation—

        (a)     give the operator licence immediately to the person who gave the notice; or

        (b)     send or take the operator licence to the place specified in the notice within the period specified in the notice.

Penalty:     5 penalty units.

    (6)     If, under section 119 of the Act, the Director has—

        (a)     varied an operator licence; or

        (b)     varied the conditions of an operator licence—

the Director must, upon receiving the operator licence from the holder under subregulation (5), issue the holder with a replacement operator licence document.



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