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HARBORS AND NAVIGATION ACT 1993 - SECT 47

HARBORS AND NAVIGATION ACT 1993 - SECT 47

47—Requirement for boat operator's licence, exemption or permit

        (3)         A person must not operate a vessel to which this Part applies unless that person holds—

            (a)         a boat operator's licence; or

            (b)         an exemption from the requirement to hold a boat operator's licence; or

            (c)         a special permit granted under the regulations; or

            (d)         a prescribed certificate of competency that is in force.

Maximum penalty: $5 000.

Expiation fee: $315.

        (3a)         A person must not cause, suffer or permit another to operate a vessel to which this Part applies unless the other person holds—

            (a)         a boat operator's licence; or

            (b)         an exemption from the requirement to hold a boat operator's licence; or

            (c)         a special permit granted under the regulations; or

            (d)         a prescribed certificate of competency that is in force.

Maximum penalty: $5 000.

Expiation fee: $315.

        (4)         This section does not apply in relation to a hire and drive vessel (within the meaning of section 47A).

        (5)         A person who commits an offence against this section while disqualified from holding a boat operator's licence is liable to a fine of twice the amount prescribed above.

        (6)         In this section—

"prescribed certificate of competency" means—

            (a)         a certificate of competency (within the meaning of the Marine Safety (Domestic Commercial Vessel) National Law ); or

            (b)         a certificate of competency (however described) issued by a State or Territory that continues to have effect pursuant to transitional provisions made under the Marine Safety (Domestic Commercial Vessel) National Law ),

but does not include a certificate of competency of a kind declared by the regulations not to be a prescribed certificate of competency for the purposes of this definition (whether generally or in relation to the operation of a vessel in a particular area).