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MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 372 Appeals against cancellation or suspension of operator licence by order of a court

MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 372

Appeals against cancellation or suspension of operator licence by order of a court

    (1)     This section applies if—

        (a)     a proceeding has been commenced before the commencement day under section 126 of the Marine Act by a person or child whose operator licence has been cancelled or suspended by order of the Magistrates' Court or the Children's Court; 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 effect of the decision of the court hearing the appeal is that the person's or child's operator licence is suspended—

        (a)     the order of the court is taken to be an order to suspend the marine licence to which section 327 applies; and

        (b)     the marine licence is, on the day that order takes effect, taken to be suspended for the period determined by the court.

    (4)     If the effect of the decision of the court hearing the appeal is that the person's or child's operator licence is cancelled—

        (a)     the order of the court is taken to be an order to cancel the marine licence to which section 327 applies; and

        (b)     the marine licence is, on the day that order takes effect, taken to be cancelled.