New South Wales Consolidated Acts

COMMERCIAL VESSELS ACT 1979 - SECT 30N

30N Disciplinary action

(1) Where the Minister is satisfied, after an inquiry, that the holder of a certificate of competency:

(a) is incompetent,

(b) is guilty of misconduct,

(c) has not complied with the terms upon which, and the conditions and restrictions subject to which, the certificate was issued or recognised, as the case may require, or

(d) obtained the certificate by fraud or misrepresentation,

the Minister may do any one or more of the following things:

(e) the Minister may reprimand the holder of the certificate,

(f) the Minister may reduce the status of the certificate by altering the class of the certificate,

(g) the Minister may limit the authority conferred by the certificate by the imposition of any terms, conditions or restrictions,

(h) the Minister may suspend the certificate for a specified period,

(i) except in the case of a certificate of competency recognised under section 30L, the Minister may cancel the certificate,

(j) in the case of a certificate of competency recognised under section 30L, the Minister may withdraw the Minister’s recognition.

(2) The Minister shall, before holding an inquiry under subsection (1) in respect of the holder of a certificate of competency, give notice in writing to that holder of:

(a) the Minister’s intention to hold the inquiry,

(b) the subject-matter of the inquiry, and

(c) the period during which that holder may make representations to the Minister on the matter.

(3) Where the Minister takes any action referred to in subsection (1) (e)-(j) against a person, the Minister shall give notice in writing to the person of:

(a) the Minister’s decision and the reasons therefor, and

(b) subject to subsection (4), the date on which the decision takes effect.

(4) A decision under subsection (1) to suspend, cancel or withdraw the recognition of a certificate of competency shall not take effect before:

(a) the time for lodging an appeal against the decision to the Marine Appeals Tribunal has expired, or

(b) where any such appeal has been lodged, the appeal has been withdrawn or dismissed,

unless the Minister is satisfied that there are reasonable grounds for believing that service on a vessel by the holder of the certificate before the decision takes effect may be dangerous.

(5) A suspended certificate of competency has no force or effect until the expiration of the period of suspension.