Victorian Consolidated Legislation

Marine Act 1988 - SECT 28C

Immediate suspension of operator licence in certain circumstances

28C. Immediate suspension of operator licence in certain circumstances





(1) If a person is charged by a member of the police force with an offence
under-



   (a)  section 28(1)(b), (e) or (f) where it is alleged that the
        concentration of alcohol-

   (i)  in the blood of that person was 0×15 grams or more per 100 millilitres
        of blood; or

   (ii) in the breath of that person was 0×15 grams or more per 210 litres of
        exhaled air; or

   (b)  section 28(1)(c), or (d)-

where the person was in charge of a regulated recreational vessel or a
regulated hire and drive vessel, any member of the police force may, at any
time after the making of the charge until the charge has been determined, give
to the accused a notice containing the prescribed particulars informing the
accused that his or her operator licence is immediately suspended until the
charge has been determined and requiring the accused to surrender the licence
document immediately to the person who gave the notice.

(2) For the purposes of this section a person is charged with an offence when
a copy of the information that is signed by the member of the police force is
given to the person.

(3) Immediately on the giving of a notice under subsection (1), the operator
licence of the accused is suspended until the charge has been determined by a
court.

(4) A person who gives a notice under subsection (1) must cause a copy of that
notice to be sent immediately to the Director.

(5) A person who, without just cause or excuse, refuses or fails to surrender
a document as required by a notice under subsection (1) is guilty of an
offence and liable to a penalty of not more than 5 penalty units.

(6) The accused has the burden of proving just cause or excuse.