Victorian Consolidated Legislation

Marine Act 1988 - SECT 61BA

Suspension of operator licence for drink-operator infringements

61BA. Suspension of operator licence for drink-operator infringements



(1) If-



   (a)  a marine infringement notice has been issued to a person in respect of
        an offence under section 28(1) involving a regulated recreational
        vessel or a regulated hire and drive vessel where the breath or blood
        alcohol concentration specified in the notice is the prescribed
        concentration of alcohol or more than the prescribed concentration of
        alcohol; and

   (b)  the person to whom the infringement notice has been issued does not
        give a notice of objection to the infringement notice and the 28 day
        period has expired-

and-

   (c)  if the person is the holder of an operator licence, the licence is
        suspended for a period of 6 months; or

   (d)  if the person is not the holder of an operator licence, he or she is
        disqualified from obtaining such a licence for a period of 6 months.

(2) If a person to whom a marine infringement notice has been issued in
respect of an offence under section 28(1) involving a regulated recreational
vessel or a regulated hire and drive vessel-

   (a)  is exempted under the regulations from the requirements of section
        115, 115A or 115B because he or she holds an appropriate operator
        licence issued in another State, Territory or country; and

   (b)  does not give notice of objection to the infringement notice and the
        28 day period has expired-

the person is disqualified from operating a vessel in State waters for the
period for which he or she would have been suspended under this section had
the person held an operator licence under this Act.

(3) Any suspension or disqualification under subsection (1) or
disqualification under subsection (2) takes effect on the expiry of the 28 day
period.

(4) When any suspension has taken effect, the Director may, by notice in
writing served on the person whose operator licence is suspended, require that
person to surrender any operator licence document to the Director.

(5) A person on whom a notice is served under subsection (4) must comply with
the notice within the time specified in it.

Penalty: 5 penalty units.

(6) Payment of a penalty in respect of an infringement notice to which
subsection (1) applies may be made in accordance with the regulations.

(7) A person to whom subsection (1) applies must, on or before the expiry of
the 28 day period, surrender his or her operator licence document in
accordance with the regulations.