Victorian Consolidated Legislation

Marine Act 1988 - SECT 28A

Provisions about cancellation and disqualification

28A. Provisions about cancellation and disqualification







(1) On convicting a person, or finding a person guilty, of an offence under
section 28(1)(b), (e) or (f) involving a regulated recreational vessel or a
regulated hire and drive vessel, the court must-

   (a)  for a first offence-

   (i)  in the case of an offender who is the holder of an operator licence,
        suspend the licence for a period of 6 months; or

   (ii) in the case of an offender who is not the holder of an operator
        licence, disqualify that person from obtaining an operator licence for
        a period of 6 months; or

   (b)  for a second or subsequent offence-

   (i)  in the case of an offender who is the holder of an operator licence,
        cancel the licence and disqualify the person from obtaining an
        operator licence for the time that the court thinks fit (not being
        less than 12 months); or

   (ii) in the case of an offender who is not the holder of an operator
        licence, disqualify the person from obtaining an operator licence for
        the time that the court thinks fit (not being less than 12 months).





(2) On convicting a person, or finding a person guilty, of an offence under
section 28(1)(a), (c), or (d) involving a regulated recreational vessel or a
regulated hire and drive vessel, the court must-

   (a)  for a first offence-

   (i)  in the case of an offender who is the holder of an operator licence,
        cancel the licence and disqualify the person from obtaining an
        operator licence for the time that the court thinks fit (not being
        less than 12 months); or

   (ii) in the case of an offender who is not the holder of an operator
        licence, disqualify the person from obtaining an operator licence for
        the time that the court thinks fit (not being less than 12 months); or

   (b)  for a second or subsequent offence-

   (i)  in the case of an offender who is the holder of an operator licence,
        cancel the licence and disqualify the person from obtaining an
        operator licence for the time that the court thinks fit (not being
        less than 24 months); or

   (ii) in the case of an offender who is not the holder of an operator
        licence, disqualify the person from obtaining an operator licence for
        the time that the court thinks fit (not being less than 24 months).

(3) Any period of suspension imposed on a person under section 28C must be
deducted from the period of disqualification imposed on that person under this
section.

(4) This section does not apply to a person who is convicted or found guilty
of an accompanying operator offence.