Document ID: chunk:federal_register_of_legislation:C2006A00024:clause:2_186k
Version: federal_register_of_legislation:C2006A00024
Segment Type: clause
Provision Reference: sch 2 cl 186K
Character Range: 30967–32839

186K  Exemption from requirement to navigate with a pilot

 (1) The master or owner of a regulated ship may apply to the Authority for an exemption from the requirement to navigate with a pilot in a compulsory pilotage area.

 (2) The application must:
 (a) be in writing; and
 (b) contain the prescribed information; and
 (c) be made in a form approved by the Authority.

 (3) The Authority must, after consideration of the application:
 (a) by instrument in writing, grant or refuse to grant the exemption applied for; and
 (b) give the applicant a copy of the instrument, and, in the case of a refusal, a statement of the reasons for that refusal.

 (4) A refusal to grant the exemption applied for may be a refusal to grant the exemption at all or a refusal to grant the exemption as to a part of the ship's proposed navigation in the compulsory pilotage area.

 (5) If the Authority grants an exemption, whether it is the exemption applied for or a lesser exemption, the exemption may be expressed to be subject to such conditions as are specified by the Authority in the instrument granting the exemption.

 (6) If:
 (a) a regulated ship is navigating in a compulsory pilotage area; and
 (b) the Authority has granted an exemption in respect of the proposed navigation by the ship in that area; and
 (c) that exemption is subject to conditions; and
 (d) the ship, in navigating in that area, fails to comply with those conditions;
the master and the owner of the ship each commit an offence punishable on conviction by a fine not exceeding 500 penalty units.

 (7) An offence against subsection (6) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

 (8) An instrument under this section granting or refusing an exemption is not a legislative instrument for the purposes of the Legislative Instruments Act 2003.