MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 368 Appeals commenced in relation to refusal of applications in relation to licences and endorsements

MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 368

    (1)     This section applies if—

        (a)     a proceeding has been commenced before the commencement day in the Magistrates' Court under section 125 of the Marine Act in relation to a decision of the Director to refuse an application—

              (i)     for an operator licence; or

              (ii)     for a personal watercraft endorsement on an operator licence; or

              (iii)     to vary or renew an operator licence or a personal watercraft endorsement on an operator licence; and

        (b)     that proceeding has not been finally determined before that day.

    (2)     Despite anything to the contrary in this Act, the proceeding must be heard and determined as if the Marine Act and Marine Regulations were in force.

    (3)     If the court determines that the application should not be refused, on the day the determination of the court takes effect—

        (a)     the application is taken to be an application to which section 329, 330, 331 or 332 (as the case requires) applies; and

        (b)     section 329, 330, 331 or 332 (as the case requires) applies as if a reference in that section to the commencement day were a reference to the day on which that determination takes effect.