Transport Operations (Marine Safety) Act 1994

This section applies if a person—

is convicted before a court, by summary proceeding under the Justices Act 1886, of an offence against—

section 41, 43, 44, 45, 57, 61, 61C, 186, 202J or 211; or

the Transport Operations (Road Use Management) Act 1995, section 79, other than section 79(1) or (2D); or

the Transport Operations (Road Use Management) Act 1995, 80(5A); and

by order of the court (a disqualification order) is disqualified under section 202A from holding or obtaining a licence.

The court may, if it has received an application in the approved form from the person, make an order that the person be issued with a restricted licence.

The application may only be made—

at the summary proceeding; and

before the court makes the disqualification order.

For the application—

the court may hear evidence relating to all matters relevant to the application; and

the applicant and other persons may be called as witnesses; and

if the court requires it, the applicant must submit himself or herself as a witness.

The order may only be made—

at the summary proceeding; and

in conjunction with the disqualification order.

If the court grants the application, the court must make an order directing a restricted licence be granted to the applicant during the period of the applicant’s disqualification subject to restrictions, as stated in the order, that—

restrict the use, under the restricted licence, of a ship by the applicant to stated circumstances directly connected with the applicant’s means of earning his or her livelihood; and

may include, but are not limited to, 1 or more of the following—

the purpose for which a ship may be operated;

the times at which, or period during which, a ship may be operated;

the waters in which a ship may be operated.

To remove any doubt, it is declared that if the court makes an order under subsection (2), the applicant—

is disqualified from holding or obtaining a licence other than the restricted licence; and

may not operate a ship, for the operation of which a licence is required, during the period of the disqualification unless the applicant applies for and obtains the restricted licence the court orders may be granted.

An order under subsection (2) may relate only to a restricted licence that is of the same type as the licence held by the applicant immediately before the disqualification in relation to which the application is made.