Victorian Consolidated Legislation

Marine Act 1988 - SECT 28D

Appeal to court against suspension of operator licence

28D. Appeal to court against suspension of operator licence



(1) A person to whom a notice is given under section 28C(1) may appeal against
that notice to the Magistrates' Court.

(2) A person who appeals under subsection (1) must give 14 days' written
notice of the appeal (including particulars of any alleged exceptional
circumstances) to the Chief Commissioner of Police and a registrar of the
Magistrates' Court.





(3) In determining the appeal the court must hear any relevant evidence
tendered either by the applicant or by the Chief Commissioner of Police and
any evidence of a registered medical practitioner required by the court.

(4) On an appeal under subsection (1) the court may make an order-

   (a)  confirming the notice; or

   (b)  cancelling the notice.

(5) The Magistrates' Court must not make an order under subsection (4)
cancelling a notice unless it is satisfied that exceptional circumstances
exist which justify the making of such an order.

(6) If on the subsequent hearing of the charge the accused's operator licence
is cancelled and the accused is disqualified from obtaining an operator
licence for a specified time, the court must take into account, in fixing the
period of disqualification, the period of suspension under section 28C.