Disqualification from holding or obtaining a marine licence
A marine licence will be cancelled if a court disqualifies a person for a conviction under the Transport Operations (Marine Safety) Act 1994:
- Section 41 – General safety obligation of ship owners and masters about condition of ships.
- Section 43 – General obligations on persons involved with operation of ship to operate it safely.
- Section 44 – Safety equipment obligation.
- Section 57 – Contravention of registration obligations.
- Section 61 – Operation of ship as master and so on without required licence.
- Section 186 – Unlawful interference with ship.
- Section 202J – Offence of operating ship other than under a restricted licence.
- Section 211 – Non-compliance with the collision regulations.
A court may also disqualify a person for other offences that involved a ship used, being used or apparently about to be used in navigation if that person was in control of the ship:
- Transport Operations (Road Use Management) Act 1995
- Section 79 – Driving and so on whilst under influence of liquor or drugs or with prescribed concentration of alcohol in blood or breath.
- Section 80 – Provisions with respect to breath tests and laboratory tests (fail to supply specimen of breath for a specimen test).
- Criminal Code
- Section 328A – Dangerous operation of a vehicle.
When your marine licence is cancelled then all your marine licences held are cancelled including commercial, recreational, pilot and engineering licences.
If you do not agree with a disqualification order, then you can appeal against the disqualification. When an appeal is made, the disqualification is suspended and your marine licence is reinstated pending the outcome of the appeal.
Restricted marine licences
Application for a restricted marine licence can be made where a disqualification would cause extreme hardship. A restricted marine licence is like a driver's 'restricted licence' and conditions will be imposed on the operator.
Conditions may include, but are not limited to one or more of the following:
- The class of ship that may be operated.
- The purpose for which the ship may be operated.
- The times at which, or a period during which a ship may be operated.
- The waters in which a ship may be operated.
An application for an order to vary the court imposed conditions on a restricted licence can be made if circumstances connected with the disqualified person's means of earning his or her livelihood have changed.
Getting a marine licence back after disqualification
- Disqualifications for a period:
- Apply to the marine licensing entity for a new marine licence at the conclusion of the disqualification period. New marine licence prerequisites and fees will apply.
Applying to have a disqualification removed
- Absolute disqualification or disqualification for a period exceeding two years:
- You must wait two years from the date of disqualification before making an application to a court for removal of the disqualification. If your application is successful, new marine licence prerequisites and fees will apply.
Frequently asked questions
