MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 165 When Safety Director may take disciplinary action against person holding a permission

MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 165

    (1)     The Safety Director may take disciplinary action against a person who holds a permission if the Safety Director is satisfied that—

        (a)     the person has contravened a provision of a relevant marine safety law; or

        (b)     the person has failed to comply with standards under the Uniform Shipping Laws Code or the National Standard for Commercial Vessels which apply to the kind of permission held by the person; or

        (c)     the person has failed to comply with any condition, restriction or other limitation imposed on the person under or by the permission; or

        (d)     the person has acted incompetently in operating a vessel; or

        (e)     the person has refused to undergo, or has failed, any test the Safety Director has required the person to undergo under this Act; or

        (f)     it would be dangerous for the person to operate a vessel because of illness or bodily infirmity, defect or incapacity or because of the effects of treatment for any of those things; or

        (g)     the permission was obtained by false statement or any misrepresentation or other dishonest means; or

        (h)     a cheque submitted to the Safety Director as payment of a fee for a permission under the regulations has been dishonoured.

    (2)     The Safety Director, when deciding whether to take disciplinary action against a person who holds a permission, may consider the following—

        (a)     the nature of the contravention or failure;

        (b)         if there is more than one contravention or failure, the number of contraventions or failures;

        (c)     whether the person has contravened or failed to comply as specified in subsection (1) on previous occasions;

        (d)     any other matter the Safety Director thinks is relevant.

    (3)     The Safety Director may take disciplinary action against a person in respect of whom a court order has been made if—

        (a)     the order requires the person to pay a sum of money by way of a fine, penalty, costs or restitution; and

        (b)     the order was made in respect of an offence arising out of the use of a vessel in Victoria, including a marine infringement; and

        (c)     the Safety Director has been notified by a person authorised by law to issue or to execute a warrant for the enforcement of the court order, that the order is wholly or partially unsatisfied.