Transport Operations (Marine Safety) Act 1994

This section applies to a hearing by the Supreme Court, the District Court or a Magistrates Court of an application under section 202L(2) for the removal of a disqualified person’s disqualification.

As it considers appropriate, the court may—

by order, remove the disqualification on and from a date stated in the order; or

refuse the application.

For subsection (2), the court must have regard to the following—

the character of the disqualified person;

the disqualified person’s conduct after the order under section 202A(2) was made;

the nature of the offence for which the disqualified person was convicted by the disqualifying court;

other circumstances relating to the disqualification or application.

If the application is refused, a further application under section 202L(2) must not be considered if made within 1 year after the date of the refusal.

If an order for the removal of a disqualification is made under subsection (2)(a), the court may order the applicant to pay all or part of the costs of the application.

A relevant clerk of the court that deals with the application must give the chief executive information about the outcome of the application.