New South Wales Consolidated Acts

MARINE PILOTAGE LICENSING ACT 1971 - SECT 42

42 Right of appeal to Board of Review

(1) Subject to the provisions of subsection (4), a pilot whose licence has been restricted in its application by the Director-General, under subsection (2) of section 8, may appeal to a Board of Review against:

(a) the decision to impose the restriction, or

(b) the nature and extent of the restriction imposed,

or against both those matters.

(2) A certificated person whose certificate:

(a) has been restricted in its application by the Director-General under subsection (2) of section 8, may appeal to a Board of Review against:

(i) the decision to impose the restriction, or

(ii) the nature and extent of the restriction imposed,

or against both those matters, or

(b) has been suspended or withdrawn under subsection (1) of section 10 may appeal to a Board of Review against the decision to suspend or withdraw the certificate.

(3) A pilot or a certificated person found guilty of any default under section 40 may appeal to a Board of Review against:

(a) the finding of the Director-General, or

(b) the action taken by the Director-General under paragraph (b) of subsection (3) of that section,

or against both these matters.

(4) No appeal shall lie under subsection (1) where the decision or restriction concerned relates to the port or ports, or portions thereof, to which a licence is to apply.