Western Australian Current Acts Western Australian Current Acts (1) A court sentencing
an offender for a marine offence may order that, for a term set by the court,
the offender be disqualified from holding or obtaining a WA marine
qualification or a particular WA marine qualification.
(2) The term is
concurrent with the term of any other such order which the offender is subject
to, unless the court orders that it is to be cumulative on any such term.
(3) When an order is
made under subsection (1), any relevant WA marine qualification held by the
offender and issued under the Western Australian Marine Act 1982 is, by force
of this subsection, suspended and has no effect for so long as the
disqualification order is in force.
(4) The court must
ensure that details of the marine offence and the order are made known to the
chief executive officer of the agency principally assisting the Minister
administering the Western Australian Marine Act 1982 .
(4A) This section does
not affect the right or duty of a court to disqualify, under the
Western Australian Marine Act 1982 , a person from holding or obtaining a WA
marine qualification.
(5) In this section
—
marine offence means —
(a) an
offence an element of which is —
(i)
the navigation, control or use of a vessel; or
(ii)
having the charge of a vessel or any part of it;
(b)
stealing or attempting to steal or conspiring to steal a vessel;
(c)
receiving or attempting to receive or conspiring to receive a vessel;
(d) an
offence where —
(i)
a vessel is used in the commission of the offence;
(ii)
the commission of the offence is aided or facilitated by
the use of a vessel;
(iii)
a vessel is used after the commission of the offence to
provide, or to attempt to provide, a means for the offender to leave the place
of the commission of the offence;
(iv)
a vessel is used by the offender after the commission of
the offence to avoid, or to attempt to avoid, apprehension;
vessel has the meaning given in the
Western Australian Marine Act 1982 section 3(1).
WA marine qualification has the meaning given in
the Western Australian Marine Act 1982 section 3(1);
[Section 107 amended: No. 29 of 2008 s. 21; No. 24
of 2023 s. 115; No. 31 of 2023 s. 37(3)-(6).]