Marine Safety Act 1998

A person is not a suitable person to hold a marine safety licence in the following circumstances—

the person is—

not qualified to hold the licence, or

disqualified from holding the licence, or

otherwise not eligible for the licence under this Act or the regulations,

the person does not have the knowledge or skills required for the licence,

the responsible regulator is satisfied the person is not a suitable person to hold the licence.

The responsible regulator may be satisfied a person is not a suitable person to hold a marine safety licence in the following circumstances—

the person has failed to comply with a condition of a current or previous marine safety licence,

fees for, or in connection with, a current or previous marine safety licence of the person are overdue and have been overdue for a period of at least 14 days,

the person has committed an offence under—

a provision of the marine legislation, or

the Crimes Act 1900, section 52B, or

a provision of a law of the Commonwealth or another State or Territory that the responsible regulator reasonably considers to be similar to a provision referred to in subparagraph (i) or (ii),

for a marine safety licence other than a vessel registration certificate—the responsible regulator is satisfied the person is not a fit and proper person to hold the licence,

for a vessel registration certificate—the person is, or has been, a relevant owner of a vessel and has—

failed to comply with Part 5, Division 2 in relation to the vessel, or

been issued a statutory notice in relation to the vessel and has not complied with the notice.

For subsection (2)(c), a person is taken to have committed an offence if—

the person has been found guilty of the offence by a court, or

the person—

has been issued a penalty notice for the alleged offence, and

does not elect to have the matter dealt with by a court, and

either—

pays the penalty required by the penalty notice for the alleged offence, or

has enforcement action taken against the person under the Fines Act 1996, Part 4, Division 3 or 4.