Western Australian Current Regulations

NAVIGABLE WATERS REGULATIONS 1958 - REG 47GA

47GA .         Effect of disqualification: cancellation

        (1)         In this regulation —

        prescribed offence means an offence against section 75C(1), 75CA(1), 75CD(1), 75DA(1), 75DD(1), 75HB(1), 75HC(1), 75HE(1), 75HH(1) or 75HI(1);

        section means section of the Western Australian Marine Act 1982 .

        (2)         This regulation applies in relation to a person who is disqualified under a disqualification order on being convicted of an offence (the present offence ) if —

            (a)         the present offence is a prescribed offence, other than an offence against section 75DA(1), and the person has previously been convicted of a prescribed offence; or

            (b)         the present offence is an offence against section 75DA(1) and the person has been convicted of a prescribed offence within the period of 5 years preceding the conviction for the present offence; or

            (c)         the present offence is an offence against section 75B(1) or (2), 75BA(1) or (2), 75BB(1) or (3), 75C(1) or 75CA(1).

        (3)         A recreational skipper’s ticket held by the person is cancelled by force of this regulation.

        (4)         If a recreational skipper’s ticket is cancelled under subregulation (3), the CEO must give written notice of the cancellation, and the reasons for it, to the ticket holder.

        (5)         Regulation 47E does not apply in relation to the person.

        [Regulation 49GA inserted: SL 2024/62 r. 5.]