New South Wales Consolidated Acts

MARINE SAFETY ACT 1998 - SECT 28A

28A Cancellation and suspension of marine safety licences

(1) If a person is convicted of an offence against this Part in relation to the operation of a vessel and, at the time the offence was committed, the person was required by or under this Act to hold a marine safety licence in order to operate the vessel, the court may, by order:

(a) cancel or suspend the licence, and

(b) disqualify the convicted person from holding or obtaining a marine safety licence for a period specified by the court.

(2) The holder of a marine safety licence referred to in subsection (1) who is convicted of an offence under this Part ( "the convicted person") is automatically disqualified from holding or obtaining such a licence for a period of:

(a) 3 months-if during the period of 5 years before the conviction he or she has not been convicted of any other major offence, or

(b) 12 months-if during the period of 5 years before the conviction he or she has been convicted of any other major offence.

(3) However, the court before which the person is convicted may order that the convicted person be disqualified under subsection (2) for a shorter period specified in the order.

(4) Any disqualification under this section is in addition to any penalty imposed for the offence.