Document ID: chunk:federal_register_of_legislation:F2024C01022:reg:188
Version: federal_register_of_legislation:F2024C01022
Segment Type: reg
Provision Reference: reg 188
Character Range: 277026–279536

188  Exemption from this Part

Giving exemptions
 (1) The Authority may, on application under section 189, give a written exemption from any or all of the provisions of this Part (subject to subsection (2)) to a person who holds a permission to conduct any of the following activities:
 (a) undertaking research relating to cetaceans;
 (b) undertaking photography, filming or sound recording of cetaceans;
 (c) conducting a tourist program that consists of a swimming‑with‑whales activity or a whale watching activity;
 (d) operating a vessel or aircraft in the Marine Park.
Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (1) (see section 13.3 of the Criminal Code).
 (2) The Authority must not give an exemption that relates to:
 (a) the operation of a prohibited vessel; or
 (b) the conduct of an activity in a whale protection area.
 (3) If:
 (a) an exemption is given to a person under subsection (1); and
 (b) the person holds a permission to conduct a tourist program that consists of a swimming‑with‑whales activity or a whale watching activity;
an exemption from those provisions may also be given to any tourist participating in the tourist program.

Application and variation of exemption
 (4) An exemption may provide that it applies only in the circumstances, and subject to the conditions, set out in the exemption.
 (5) The Authority may, by written notice to the person given the exemption, vary the conditions attaching to the exemption.

Limitation on exemptions
 (6) An exemption relating to the operation of a vessel or aircraft in the Marine Park:
 (a) may be given only in order to allow use of the vessel or aircraft to support activities authorised by a permission of a type mentioned in paragraph (1)(a), (b) or (c); and
 (b) applies only while the vessel or aircraft is operating in the Marine Park to support those activities.
 (7) An exemption:
 (a) does not continue in force when the permission to which it relates is not in force; and
 (b) is in force only for the period specified in the exemption; and
 (c) if given under subsection (3), applies only while a tourist is participating in the tourist program.

Effect of exemption
 (8) An exemption has effect according to its terms.
 (9) An exemption granted to a holder of a permission applies in relation to a person authorised in accordance with section 118 by the holder of the permission in the same way as the exemption applies in relation to the holder of the permission.