Document ID: chunk:federal_register_of_legislation:C2008C00459:clause:1_517a:p2
Version: federal_register_of_legislation:C2008C00459
Segment Type: clause
Provision Reference: sch 1 cl 517A (pt 2/2)
Character Range: 500575–502071

by the exemption.

When an exemption comes into force

 (6) An exemption under subsection (2) comes into force on the day the Minister gives the exemption, or on a later day specified in the exemption.

Actions covered by exemption do not contravene provisions for which this section applies

 (7) While an exemption under subsection (2) is in force, an action of a person does not contravene any of the provisions mentioned in subsection (1), in so far as the provisions apply in relation to a member of the species specified as mentioned in paragraph (5)(a), if:
 (a) the action occurs in the area specified as mentioned in paragraph (5)(b); and
 (b) the action is within the activities specified as mentioned in paragraph (5)(c); and
 (c) the person is a person, or is a member of a class of persons, specified as mentioned in paragraph (5)(d).

Note 1: If the action also has an impact on a member of another species that is not covered by an exemption under subsection (2), subsection (7) does not affect the question whether the action may contravene a provision mentioned in subsection (1), in so far as the provision applies to the other species.

Note 2: In a prosecution for an offence against a provision mentioned in subsection (1), the defendant bears an evidential burden in relation to the matters in this subsection. See subsection 13.3(3) of the Criminal Code.

Exemption is not a legislative instrument

 (8) An exemption under subsection (2) is not a legislative instrument.