Document ID: chunk:federal_register_of_legislation:C2004A02886:schedule:2:p4
Version: federal_register_of_legislation:C2004A02886
Segment Type: schedule
Provision Reference: sch 2 (pt 4/8)
Character Range: 30090–32798

vicinity of the Protected Zone shall not be taken to be a Protected Zone vessel if the vessel had, at any time during the period of 3 months ending on the day on which the vessel so entered Australia, voyaged to or from a place (other than a place in Australia) that is outside—

         (a) the Protected Zone; and
         (b) any area in the vicinity of the Protected Zone.".

Proclamation of ports of entry, &c.
27. Section 13 of the Principal Act is amended by adding at the end thereof the following sub-sections:
"(4) Where there is in force a Proclamation (in this sub-section referred to as the 'relevant Proclamation') under sub-section (1) (whether made before or after the commencement of this sub-section) prohibiting the importation into Australia of any articles, animals or plants, the Governor-General may, by Proclamation (in this sub-section referred to as the 'exempting Proclamation'), either generally or subject to such conditions or restrictions as are specified in the exempting Proclamation, exempt from the operation of the relevant Proclamation articles, animals or plants of a kind specified in the exempting Proclamation, being articles, animals or plants that—
     (a) are brought into a part of Australia that is in the Protected Zone or in an area in the vicinity of the Protected Zone on board a Protected Zone vessel; and
     (b) are owned by, or are under the control of, a traditional inhabitant who is on board that vessel and have been used, are being used or are intended to be used by him in connection with the performance of traditional activities in the Protected Zone or in an area in the vicinity of the Protected Zone.
"(5) A Proclamation made under sub-section (1) may, either generally or subject to such conditions or restrictions as are specified in the Proclamation, exempt from the operation of the Proclamation any articles, animals or plants specified in the Proclamation, being articles, animals or plants in respect of which an exemption may be granted under sub-section (4).".
28. After section 14 of the Principal Act the following section is inserted:

Exemptions pursuant to Torres Strait Treaty
"14a. (1) Without limiting the power of the Governor-General to grant exemptions under section 14, the Minister may, by notice published in the Gazette, exempt, subject to such conditions (if any) as are specified in the notice, from all of the provisions of this Act or the regulations or from so many of those provisions as are specified in the notice—
     (a) any Protected Zone vessel that enters a part of Australia that is in the Protected Zone or in an area in the vicinity of the Protected Zone, being a vessel—
         (i) on board which