New South Wales Consolidated Regulations

MARINE SAFETY (GENERAL) REGULATION 2009 - REG 80

80 Disqualification of certain persons from holding boat driving licences

(1) A person who commits an offence under section 63 of the Act by driving a personal watercraft on navigable waters without being the holder of a marine safety licence (whether or not a licence to which this Part applies) authorising the driver to drive the watercraft is disqualified from holding or obtaining a boat driving licence:

(a) for the first such offence-for a period of 2 years after the commission of the offence, or

(b) for the second such offence-for a period of 4 years after the commission of the offence, or

(c) for the third or subsequent such offence-at any time during the life of the person.

The disqualification is in addition to any penalty imposed for the offence.

(2) Subject to subclause (3), the Minister may at any time remove, or reduce the period of, a disqualification imposed by subclause (1).

(3) A disqualification imposed by subclause (1) does not operate to the extent to which it is inconsistent with any order of a court, or any decision of the Minister under section 38 of the Act, that disqualifies the person concerned from holding or obtaining a licence.

(4) For the purposes of this clause, a person is taken to have committed an offence at the time that the person:

(a) is convicted of the offence by a court, or

(b) pays the penalty required by a penalty notice served on the person under section 126 of the Act in respect of the alleged offence (or if the person does not pay the penalty and does not elect to have the matter dealt with by a court, at the time that enforcement action is taken against the person under Division 3 or 4 of Part 4 of the Fines Act 1996 ).