Document ID: chunk:federal_register_of_legislation:C2010A00081:clause:1_79a
Version: federal_register_of_legislation:C2010A00081
Segment Type: clause
Provision Reference: sch 1 cl 79A
Character Range: 5067–6457

79A  Exemptions
 (1) The ship operator for a regulated Australian ship may apply to the Secretary for the ship to be exempt from the operation of this Division.
 (2) The application must be in accordance with any requirements prescribed by the regulations. The regulations may prescribe requirements in relation to the form and content of the application, and the way in which the application is made.
 (3) In deciding whether to grant the exemption, the Secretary must consider the matters prescribed by the regulations for the purposes of this subsection. The Secretary may consider any other matters that the Secretary considers appropriate.

Secretary's decision
 (4) If an application is made to the Secretary, the Secretary must:
 (a) exempt the ship from the operation of this Division in the circumstances specified in the exemption; or
 (b) refuse to grant an exemption.

Grant of exemption
 (5) If the Secretary grants an exemption, the Secretary must give the ship operator a copy of the exemption.
 (6) An exemption under this section has effect according to its terms.

Refusal to grant exemption
 (7) If the Secretary refuses to grant an exemption, the Secretary must give the ship operator written notice of the refusal (including the reasons for the refusal).

Exemption is not a legislative instrument
 (8) An exemption under this section is not a legislative instrument.