s.427Formal inquiry
427
Section 427Part 17 — INVESTIGATIONS AND INQUIRIES INTO MARINE CASUALTIES

Formal inquiry

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A Board holding a formal inquiry into a shipping casualty under section 426 shall consist of a judge of the Court or a magistrate or an attorney-at-law who shall be assisted by one or more assessors appointed by the Minister and the assessors shall be persons with requisite skills and knowledge in maritime matters.
Where in a formal inquiry, any question as to the cancellation or suspension of the certificate issued to an officer under any regulations made under this Act is likely to arise, there shall be not less than two assessors.
If, as a result of the formal inquiry, the Board —
is satisfied with respect to any seafarer, or any of the matters mentioned in section 118(1)(a) to (c); and
if it is a matter mentioned in paragraph (a) or (b) of that section, is further satisfied that it caused or contributed to the accident, or that any seafarer is unfit to discharge the seafarer's duties,
the Chief Executive Officer may cancel, or suspend any certificate issued to the seafarer under any regulations made under this Act or censure the seafarer; and if Chief Executive Officer cancels or suspends the certificate, the seafarer shall deliver it forthwith to Chief Executive Officer.
A person who fails to deliver a certificate as required under subsection (3) commits an offence and is liable on summary conviction to a fine of three thousand dollars.
Where a certificate has been cancelled or suspended under this section, the Chief Executive Officer, by way of a review and if the Chief Executive Officer of the opinion that the justice of the case requires —
may re-issue the certificate;
reduce the period of suspension and return the certificate; or
may grant a new certificate of the same or a lower grade in place of the cancelled or suspended certificate.
The Board may make such awards as it thinks just with regard to the costs or expenses of the formal inquiry and with regard to the parties by whom those costs or expenses are to be paid; and any such award of the Board may, on the application of any party named in it, be made an order of the Court.
Subsections (2), (3) and (4) apply to endorsements of certificates in the same manner as they apply to certificates.
The Board shall make a report on the formal inquiry to the Minister.

Cross References

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