Marine qualification disqualification
107 Marine qualification disqualification
A court sentencing an offender for a marine offence may order that, for a term set by the court, the offender be disqualified from holding or obtaining a WA marine qualification or a particular WA marine qualification.
The term is concurrent with the term of any other such order which the offender is subject to, unless the court orders that it is to be cumulative on any such term.
When an order is made under subsection (1), any relevant WA marine qualification held by the offender and issued under the Western Australian Marine Act 1982 is, by force of this subsection, suspended and has no effect for so long as the disqualification order is in force.
The court must ensure that details of the marine offence and the order are made known to the chief executive officer of the agency principally assisting the Minister administering the Western Australian Marine Act 1982.
This section does not affect the right or duty of a court to disqualify, under the Western Australian Marine Act 1982, a person from holding or obtaining a WA marine qualification.
In this section —
marine offence means —
an offence an element of which is —
the navigation, control or use of a vessel; or
having the charge of a vessel or any part of it;
stealing or attempting to steal or conspiring to steal a vessel;
receiving or attempting to receive or conspiring to receive a vessel;
an offence where —
a vessel is used in the commission of the offence;
the commission of the offence is aided or facilitated by the use of a vessel;
a vessel is used after the commission of the offence to provide, or to attempt to provide, a means for the offender to leave the place of the commission of the offence;
a vessel is used by the offender after the commission of the offence to avoid, or to attempt to avoid, apprehension;
vessel has the meaning given in the Western Australian Marine Act 1982 section 3(1).
WA marine qualification has the meaning given in the Western Australian Marine Act 1982 section 3(1);
[Section 107 amended: No. 29 of 2008 s. 21; No. 24 of 2023 s. 115; No. 31 of 2023 s. 37(3)‑(6).]
108. Passport, surrender of etc.
A court sentencing an offender for a passport offence or to facilitate a sentence may order that, for a term set by the court, the offender —
must remain in Australia; or
must refrain from applying for, or obtaining, an Australian passport; or
must surrender possession of any Australian passport held by him or her to an officer of the court; or
must do more than one of the above.
The term is concurrent with the term of any other such order which the offender is subject to, unless the court orders that it is to be cumulative on any such term.
The court must immediately send details of the offence and the order to the Secretary to the department administering the Australian Passports Act 2005 (Commonwealth).
If an Australian passport is surrendered pursuant to an order under subsection (1), the officer of the court must keep it in safe keeping until —
the order ceases to be in force; or
the passport is cancelled or expires,
whichever happens first.
After an order under subsection (1) ceases to be in force, a person who surrendered an Australian passport pursuant to the order may apply to the court for its return, and the officer keeping it must return it.
In this subsection —
passport offence means an offence where —
a passport is used in the commission of the offence;
the commission of the offence is aided or facilitated by the use of a passport;
a passport is used after the commission of the offence to provide, or to attempt to provide, a means for the offender to leave the place of the commission of the offence;
a passport is used by the offender after the commission of the offence to avoid, or to attempt to avoid, apprehension.
[Section 108 amended: No. 17 of 2014 s. 37(3) and (4).]
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