12Vessels excluded from the operation of section 275 of the Act

12 Vessels excluded from the operation of section 275 of the Act

(1) For the purposes of paragraph 275(1)(c) of the Act, a vessel is excluded from the operation of section 275 of the Act if: (a) under regulation B‑3 of the Annex to the Ballast Water Convention, the vessel would not be permitted to manage ballast water for discharge using ballast water exchange; and (b) a determination under subsection (3) is not in force in relation to the vessel.

Note: For the definition of regulation B‑3, see section 5.

Vessels may apply not to be excluded from the operation of section 275 of the Act (2) An application may be made by the owner of a vessel for the Director of Biosecurity to determine that the vessel is not excluded from the operation of section 275 of the Act. (3) The Director of Biosecurity may, by written notice given to the applicant: (a) determine that the vessel is not excluded from the operation of section 275 of the Act if the Director of Biosecurity is satisfied that: (i) the vessel operates predominantly in Australian seas or the high seas; or (ii) the vessel operates predominantly within the outer limits of the exclusive economic zone of a foreign country or the high seas; or (iii) the vessel is a vessel of a kind described in regulation A‑5 of the Annex to the Ballast Water Convention; or (b) refuse to make the determination.

Note 1: Regulation A‑5 of the Annex to the Ballast Water Convention deals with pleasure craft and search and rescue craft.

Note 2: See also section 32 in relation to decisions made under this section.

(4) If the Director of Biosecurity makes a determination under subsection (3), the Director of Biosecurity must determine the period during which the determination is in force. Revocation of determination (5) The Director of Biosecurity may revoke a determination made under subsection (3). (6) Subsection (5) does not limit subsection 33(3) of the Acts Interpretation Act 1901. Review of decisions (7) Each of the following decisions is a reviewable decision: (a) a decision under subsection (3) to refuse to make a determination; (b) a decision under subsection (4) to determine a period during which a determination is in force; (c) a decision under subsection (5) to revoke a determination. The relevant person for the decision is the person who applied for the determination.