New South Wales Consolidated Acts

MARINE PILOTAGE LICENSING ACT 1971 - SECT 45

45 Procedure before and powers of Board of Review

(1) The Chairperson shall fix a date and place for the hearing of an appeal and shall give seven days’ notice thereof to the pilot or certificated person concerned.

(2) A Board of Review shall receive and admit on production the statement or the record of evidence referred to in subsection (3) of section 43 if it is duly certified by the secretary as correct.

(3) The pilot or certificated person either in person or by his or her solicitor or counsel shall be afforded an opportunity of showing cause why any decision or finding of the Director-General, or any restriction imposed or action taken by the Director-General, which is the subject of appeal, should not be upheld or confirmed by a Board of Review.

(4) The decision of the Chairperson upon any question of law or procedure which may arise before a Board of Review shall be the decision of the Board of Review.

(5) A Board of Review in dealing with any appeal:

(a) shall consider any statement or record of evidence received and admitted by it under subsection (2) and such other evidence and submissions as may be given before or made to it, and

(b) may require that further or better evidence, and in particular oral evidence where a witness able to give such evidence can in its opinion reasonably be made available, be tendered in respect of any matter which is bona fide disputed by the pilot or certificated person, or, in the case of evidence submitted by the pilot or certificated person, bona fide disputed by the Director-General.

(6) For the purpose of any appeal a Board of Review shall have the powers, authorities, protections and immunities conferred by the Royal Commissions Act 1923 on a commissioner and the chairperson of a commission respectively, appointed under Division 1 of Part 2 of that Act, and that Act, Division 2 of Part 2 excepted, shall, mutatis mutandis, apply to any witness summoned by or appearing before a Board of Review.

(7) A Board of Review may make such order as it thinks fit respecting the costs of any appeal, and the costs awarded against any party to the proceedings may be recovered by the party in whose favour the order is made, in any court of competent jurisdiction.