New South Wales Consolidated Acts

MARINE PILOTAGE LICENSING ACT 1971 - SECT 40

40 Procedure if Director-General finds pilot etc guilty of a default

(1) The Director-General shall not find a pilot or a certificated person guilty of any default unless the Director-General has:

(a) provided the pilot or certificated person with a statement of the evidence considered by the Director-General in the course of the investigation, and

(b) afforded the pilot or certificated person an opportunity, within such reasonable time as it shall specify in a written notice given to the pilot or certificated person, to make written submissions to the Director-General.

(2) The Director-General may make any further investigation the Director-General deems necessary as a result of written submissions made by a pilot or a certificated person, but shall not be required to provide the pilot or certificated person with a statement of any evidence obtained in the course of the further investigation.

(3) If, after the Director-General has considered the written submissions, if any, made by a pilot or a certificated person, the Director-General decides that the pilot or certificated person has been guilty of any default, the Director-General shall so find and:

(a) may take no action against the pilot or certificated person, or

(b) may:

(i) withdraw the pilot’s licence or the certificated person’s certificate,

(ii) suspend, or continue the suspension of, the pilot’s licence or the certificated person’s certificate, or

(iii) reprimand the pilot or certificated person,

and shall:

(c) give written notice to the pilot or certificated person of the Director-General’s finding and of any action taken under paragraph (b), and

(d) remove any suspension of the pilot’s licence or the certificated person’s certificate if it acts as provided in paragraph (a) or subparagraph (iii) of paragraph (b).

(4) The Director-General may provide a pilot or a certificated person with a statement of evidence in any way in which the Director-General may give written notice under subsection (2) of section 4, and the provisions of subsection (4) of that section shall apply where a statement of evidence is provided as they apply where written notice is given.