New South Wales Consolidated Acts

MARINE PILOTAGE LICENSING ACT 1971 - SECT 43

43 Procedure for making appeal

(1) A pilot or a certificated person having a right of appeal and wishing to appeal shall notify the Director-General in writing, stating in the notification the nature of his or her appeal and setting out such further particulars as may be prescribed.

(2) A notification under subsection (1) shall be given within one month, or within such extended period as the Director-General may allow, of the date on which written notice is given by the Director-General to the pilot or certificated person of the matter against which he or she wishes to appeal.

(3) On receipt of a notification:

(a) the Director-General shall take steps to cause a Board of Review to be appointed,

(b) the secretary shall:

(i) in the case of an appeal under subsection (1) or subsection (2) of section 42, prepare a statement containing the Director-General’s decision, the reasons therefor, and, except in the case of an appeal under paragraph (b) of subsection (3) of that section, particulars of the restriction imposed, and

(ii) in the case of an appeal under subsection (3) of section 42, prepare a record of evidence containing the evidence which was before the Director-General as a result of the investigation, any written submission made by the pilot or certificated person, the Director-General’s finding and particulars of the action taken.

(4) The secretary shall make available to the pilot or certificated person concerned a copy of the statement or record of evidence referred to in subsection (3).