MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 56 Safety Director may require a person to undergo testing

MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 56

    (1)     The Safety Director may require—

        (a)     the holder of a marine licence (whether endorsed or not); or

        (b)     an applicant for a marine licence or an applicant for an endorsement of a marine licence; or

        (c)     an applicant for a variation of conditions of a marine licence or an endorsement of a marine licence—

to undergo a test or tests of health or competence or any other appropriate test or tests to determine the matters specified in subsection (2).

    (2)         For the purposes of subsection (1), the following matters are specified—

        (a)     whether the person is unfit to be the master of—

              (i)     a registered recreational vessel; or

              (ii)     a registered recreational vessel of a prescribed class or type that may be used to undertake a prescribed activity; or

        (b)     whether it may be dangerous for the person to be the master of any recreational vessel.

    (3)     A test required by the Safety Director under this section must be carried out by a person of the class prescribed in relation to that class of test.

    (4)     No action may be taken against a person who carries out a test under this section and who expresses to the Safety Director an opinion formed by that person as a result of the test.

    (5)     No action may be taken against a person who, in good faith, reports to the Safety Director any information which discloses or suggests that—

        (a)     the person is     unfit to be the master of—

              (i)     a registered recreational vessel; or

              (ii)     a registered recreational vessel of a prescribed class or type that may be used to undertake a prescribed activity; or

        (b)     it may be dangerous for the person to be master of a recreational vessel, whether or not that vessel is a prescribed class or type of vessel or is a vessel that may be used to undertake a prescribed activity.

    (6)     A marine licence obtained by a person who is disqualified from obtaining a marine licence is of no effect.