(b) make an application for a boat driving
licence under this Act during the period of disqualification and in respect of
the application state his or her name falsely or incorrectly or omit to
mention the disqualification.
: Maximum penalty--30 penalty units or
imprisonment for 18 months or both (in the case of a first offence) or 50
penalty units or imprisonment for 2 years or both (in the case of a
second or subsequent offence).
(2) Subsection (1) does not apply to the
operation of a vessel in circumstances prescribed by the regulations.
(3) An
offence under this section is a second or subsequent offence for the purposes
of this section if it is the second or subsequent occasion on which the person
is convicted of any offence under subsection (1) within the period of 5 years
immediately before the person is convicted of the offence.
(4) If a person is
convicted by a court of an offence under subsection (1), the person--
(a) is
disqualified by the conviction (and without any specific order) for the
relevant disqualification period from the date of expiration of the existing
disqualification or suspension or from the date of such conviction, whichever
is the later, from holding a boat driving licence under this Act, and
(b) may
also be disqualified, for such additional period as the court may order, from
holding a boat driving licence under this Act.
(4A) The court is to cause
particulars of any disqualification under subsection (4) to be forwarded to
Transport for NSW.
(5) The disqualification referred to in subsection (4) is
in addition to any penalty imposed for the offence.
(6) Subsection (1)
applies to a person who is disqualified from holding a boat driving licence by
a court in Australia or under any law in this State or another State or
Territory.
(7) In this section, the
"relevant disqualification period" is--
(a) in the case of a first offence
under subsection (1)--12 months, or
