Section 105: Disqualification

105. Disqualification (1) Where a person, who is disqualified by virtue of a conviction or order under this Part, is the holder of a skipper’s licence, the licence shall be suspended as long as the disqualification remains in force. (2) A skipper’s licence suspended under this Part shall, during the time of suspension, be of no effect. (3) (a) A person who, by virtue of a conviction or order under this Part, is disqualified from holding or obtaining a licence, may, at any time after the expiry of 6 months from the date of the conviction or order, apply before the Court before which he was convicted or by which the order was made, to remove the disqualification. (b) Where an application is made under paragraph (a), the Court may, if it thinks proper, having regard to— (i) the character of the person disqualified; (ii) his conduct subsequent to the conviction or order; (iii) the nature of the offence; and (iv) any other circumstances of the case, by order, remove the disqualification as from such date as may be specified in the order or refuse the application. (c) Where an application under this subsection is refused, a further application shall not be entertained if made within 3 months after the date of the refusal. (d) Where the Court orders a disqualification to be removed, the Court— (i) shall cause particulars of the order to be endorsed on any skipper’s licence previously held by the applicant; and (ii) may order the applicant to pay the costs of the application. (4) Where a person is disqualified under this Part from holding or obtaining a skipper’s licence, that person— (a) applies for or obtains a skipper’s licence; or (b) operates a pleasure craft in a navigational area, he shall commit an offence and shall, on conviction, be liable— (i) to imprisonment for a term not exceeding 2 years; T11 – 53 [Issue 4] Tourism Authority Act (ii) where the Court is of the opinion that, having regard to any special circumstances of the case, a fine would be an adequate punishment, to a fine of not less than 5,000 rupees and not exceeding 50,000 rupees; or (iii) to both imprisonment for a term not exceeding 2 years and a fine of not less than 5,000 rupees and not exceeding 50, 000 rupees, and a skipper’s licence obtained by any disqualified person shall be of no effect. [S. 105 amended by s. 29 (b) of Act 38 of 2011 w.e.f. 15 December 2011.]