11Exemption from Act

### 11 Exemption from Act > [*\[Section 11 Substituted by No. 7 of 2007, s. 7, Applied:30 Apr 2007\]*](/view/html/inforce/2007-04-30/act-2007-007#GS7@EN) > > > (1)  The Minister, by instrument in writing, may exempt a person or a class of persons from any provision of this Act. > > > (1A)  [*\[Section 11 Subsection (1A) inserted by No. 46 of 2017, s. 29, Applied:04 Dec 2017\]*](/view/html/inforce/2017-12-04/act-2017-046#GS29@EN) The Minister must not, under [subsection (1)](#GS11@Gs1@EN) , exempt a person or a class of persons from a requirement to hold a licence in relation to an activity, referred to in [section 64(1)(a)](#GS64@Gs1@Hpa@EN) or [(c)](#GS64@Gs1@Hpc@EN) , that relates to finfish farming. > > > (2)  The exemption may be granted on the Minister's own initiative or consequent on an application made by or on behalf of the person or class of persons. > > > (3)  The Minister, having regard to any relevant considerations, may grant the exemption – > > > > > > (a) for such period not exceeding 3 years as the Minister thinks fit; and > > > > > > > (b) on such conditions, if any, as the Minister thinks fit. > > > (4)  The Minister, by instrument in writing, may at any time – > > > > > > (a) vary the conditions of the exemption, if any; or > > > > > > > (b) revoke the exemption. > > > (5)  The Minister is to ensure that each person who has the benefit of the exemption is given adequate advance notice of the variation of its conditions or of its revocation. > > > (6)  However, in the case of a class exemption where not all members of the class are individually known, notice under [subsection (5)](#GS11@Gs5@EN) may be given by means of a public notice. > > > (7)  The exemption remains in force until the first of the following occurs: > > > > > > (a) the period for which the exemption has been granted expires; > > > > > > > (b) the exemption is revoked. > > > (8)  A person must not contravene a condition of an exemption granted under this section. > > > > Penalty:  Fine not exceeding 500 penalty units or imprisonment for a term not exceeding 6 months, or both, and a daily fine not exceeding 5 penalty units. > > > (9)  In this section – > > > > > ***relevant consideration***, in relation to the granting of an exemption, includes – > > > > > > > > (a) the reasons for, and the nature and scope of, the exemption; and > > > > > > > > > (b) the purpose and objectives of this Act set out in [section 7](#GS7@EN) ; and > > > > > > > > > (c) whether the exemption is likely to yield any commercial, educational, environmental, economic, scientific or other benefit (either locally, nationally or internationally) having particular regard to fisheries or allied industries; and > > > > > > > > > (d) whether the exemption is likely to involve any risk to the State's fisheries or allied industries; and > > > > > > > > > (e) whether the objects of the exemption are reasonably capable of being attained by other means; and > > > > > > > > > (f) the likely impact of the exemption, if any, on the operation of any management plan; and > > > > > > > > > (g) whether the exemption will be fair having regard to the interests and obligations of any existing licence and permit holders; and > > > > > > > > > (h) the character and antecedents of any person who will have the benefit of the exemption; and > > > > > > > > > (i) the Crown's experience with any exemptions of a similar kind; and > > > > > > > > > (j) compliance monitoring requirements.