New South Wales Consolidated Acts

COMMERCIAL VESSELS ACT 1979 - SECT 22

22 Emergency suspension of permit

(1) Where, in the opinion of an officer of the Minister, the use of a vessel or motor in accordance with a permit, or a temporary permit issued or deemed to have been issued under section 19 (2) or (3) would be dangerous by reason of:

(a) the condition of the vessel or motor or any part or component or equipment thereof, or

(b) the absence from the vessel or motor of any part or component or equipment required by or under this Act to be present,

the officer may suspend the permit or temporary permit as provided by this section.

(2) In the case of a permit or temporary permit relating to a vessel, an officer referred to in subsection (1) effects a suspension so referred to by giving to the owner of the vessel, or to a person employed on, or on board, the vessel, a notice in writing stating that the permit or temporary permit has been suspended and that, subject to any other direction given in writing by the Minister to the owner of the vessel, the suspension will terminate:

(a) when the defects and deficiencies which the officer has specified in the notice as those by reason of which the officer considers use of the vessel would be dangerous have been made good to the officer’s satisfaction or to the satisfaction of a specified officer of the Minister, or

(b) at the expiration of the period of 14 days that next succeeds the giving of the notice,

whichever first occurs.

(3) In the case of a permit or temporary permit relating to a motor, an officer referred to in subsection (1) effects a suspension so referred to:

(a) where the motor is not attached to a vessel-by giving to the owner of the motor, or

(b) where the motor is attached to a vessel-by giving to the owner of the motor or to the owner of the vessel, or to a person employed on, or on board, the vessel,

a notice to the same effect in relation to the motor as the notice the officer is authorised by subsection (2) to give in relation to a vessel.

(4) Where a person employed on, or on board, a vessel is given a notice under this section addressed to the owner of the vessel, that person is guilty of an offence against this Act if he or she fails to transmit the notice to that owner forthwith.

(5) A person who considers that he or she has been adversely affected by the suspension under this section of a permit or temporary permit may, upon payment to the Minister of the prescribed fees and expenses, require the Minister to investigate whether the suspension was justified and the Minister shall comply with the requirement.

(6) Where, after an investigation under subsection (5), the Minister finds that suspension of a permit or temporary permit was not justified, the Minister shall terminate the suspension and refund the fees and expenses paid under subsection (5) for the investigation.