MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 123 Notice in case of 2 or more charges

MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 123

    (1)     If a master has been charged with 2 or more relevant offences, the Chief Commissioner of Police may, before the charges are heard or determined, serve a notice on—

        (a)     the master of the recreational vessel; and

        (b)     the registered person of the recreational vessel in respect of which an order is to be sought, if he or she is not the person referred to in paragraph (a); and

        (c)     the owner of the recreational vessel in respect of which an order is to be sought, if he or she is not the person referred to in paragraph (a) or (b); and

        (d)     any person who the Chief Commissioner of Police is aware has an interest in the recreational vessel in respect of which an order is to be sought; and

        (e)         the Safety Director.

    (2)     A person who—

        (a)     is notified under subsection (1)(a), (b) or (c); and

        (b)     does not have an interest or the sole interest in the recreational vessel in relation to which the application in the notice is to be made—

must, as soon as is reasonably practicable, take reasonable steps to serve a copy of the notice on any person who he or she is aware has an interest in the recreational vessel.

    (3)     A notice under subsection (1) must—

        (a)     specify the recreational vessel in respect of which an order is to be sought; and

        (b)     state that the Chief Commissioner of Police intends to make an application under section 120 for an impoundment or immobilisation order or a forfeiture order in relation to the recreational vessel if the master is convicted of more than one of the relevant offences in respect of which the master has been charged; and

        (c)     state that a person named in the notice may, if the Chief Commissioner makes the application, appear before the relevant court at the hearing of the application and show cause why the order should not be made; and

        (d)     state that the person on whom the notice is served must not sell or otherwise dispose of his or her interest in the recreational vessel without the approval of the relevant court.

    (4)         A person on whom a notice is served under subsection (1) must not, before the application referred to in the notice is made or determined or, if an impoundment or immobilisation order or a forfeiture order is made, before the recreational vessel is seized under this Part, without the approval of the relevant court, sell or otherwise dispose of any interest in the recreational vessel that is the subject of the notice.

Penalty:     60 penalty units.

    (5)     Subsection (4) ceases to apply if—

        (a)     the master is found not guilty of one or more relevant offences which results in the master being subject to only one remaining charge for a relevant offence; or

        (b)     the Chief Commissioner of Police does not make the application referred to in the notice within 28 days after the master is sentenced for the second or third relevant offence; or

        (c)     the charges for one or more of the relevant offences specified in the notice are withdrawn which results in the master being subject to only one remaining charge for a relevant offence.