s 119 Formal investigations into shipping casualties
119.—(1) A Commissioner holding a formal investigation into a casualty under section 118 must conduct it in accordance with the regulations made under section 121, and those regulations must require the assistance of one or more assessors and, if any question as to the cancellation or suspension of an officer’s certificate is likely to arise, the assistance of not less than 2 assessors. (2) The Commissioner holding the formal investigation has all the powers of a Magistrate and also has all the powers of an inspector under this Act. (3) If as a result of the investigation the Commissioner is satisfied, with respect to any officer, of any of the matters mentioned in section 117(1)(a), (b) and (c) and, if it is a matter mentioned in subsection (1)(a) or (b) of that section, is further satisfied that it caused or contributed to the casualty, the Commissioner may cancel or suspend any certificate issued or deemed to be issued to the officer in accordance with the regulations made under section 47 or censure him or her; and if the Commissioner cancels or suspends the certificate, the officer must deliver the certificate forthwith to the Commissioner or the Director. (4) The Commissioner may make such order as to the costs of the investigation as the Commissioner thinks just and must make a report on the case to the Minister. (5) Any costs which a person is ordered to pay under subsection (4) may be recovered from him or her by the Director.