Tribunal for suspension or cancellation of certificates

(1) The certificate of a master, mate or engineer may be cancelled or suspended– (a) by a court, holding a formal investigation into a shipping casualty under this Act, if the court shall find that the loss, or abandonment of, or Harbours and Merchant Shipping [CAP. 234 35 serious damage to any vessel, or loss of life, has been caused by his wrongful act or default, provided that the court shall not cancel or suspend a certificate unless one at least of the assessors concurs in the finding of the court1894, c.60. (b) by a court, which term shall include the Harbour Master, holding an inquiry under this Act into the conduct of a master, mate, or engineer, if the court shall find that he is incompetent or has been guilty of any gross act of misconduct, drunkenness or tyranny, or that in a case of collision he has failed to render such assistance, or give such information as is required under Part V of the Merchant Shipping Act, c. 60, 1894; (c) by the Harbour Master, in the case of certificates of competency or service granted by himself on an inquiry held by the Harbour Master into a casualty affecting a coastal and river service vessel, if the Harbour Master finds that the loss of or serious damage to such vessel, or that loss of life has been caused by his wrongful act or default; (d) by the Harbour Master, in the case of a certificate of competency or of service granted by him or herself, if the holder has been convicted on summary trial for the violation of sections 16 or 25 or both. (2) When any case before any such court as aforesaid involves a question as to the cancelling or suspending of a certificate, that court shall, at the conclusion of the case, or as soon afterwards as possible, state in open court the decision to which it has come with respect to the cancelling or suspending thereof. 36 (3) The court shall in all cases send a full report on the case, with the evidence, to IMMARBE, and shall also, if they determine to cancel or suspend any certificate issued by IMMARBE send the certificate cancelled to IMMARBE with their report, and if the certificate cancelled or suspended has been issued by any authority other than IMMARBE, then the court shall send such certificate to the authority by whom it was issued. (4) All such reports as are mentioned in sub-section (3), shall be signed by all members of the court who have taken part in the investigation or inquiry, Provided that any dissenting member shall state in writing his dissent therefrom, and the reason for that dissent. (5) Sub-sections (3) and (4), shall not apply to the cancelling or suspending of any certificate granted by the Harbour Master to act as master, mate or engineer of a vessel engaged in the coastal and river service as defined in Part III. (6) A certificate shall not be cancelled or suspended by a court under this section, unless a copy of the report, or a statement of the case on which the investigation or inquiry has been ordered, or has taken place, has been furnished before the commencement of the investigation or inquiry, to the holder of the certificate.