Marine (Domestic Commercial Vessel National Law Application) Act 2013
142Review of decisions made under the regulations
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142 Review of decisions made under the regulations
The regulations may provide for:
(a) internal review of decisions made under the regulations; and
(b) the making of applications to the Administrative Appeals Tribunal for review of decisions under the regulations.
Division 2—Exemptions
143 Power of exemption
(1) The National Regulator may exempt from the application of this Law, or specified provisions of this Law:
(a) a specified vessel or class of vessels; or
(b) a specified person or class of persons.
(2) The exemption may be confined to one or both of the following:
(a) one or more specified periods;
(b) one or more specified operations.
(3) For the purposes of an exemption for one or more specified periods, of a vessel that is specified or is in a specified class, the periods may be specified as periods for which a specified use is being made of the vessel.
(4) An exemption may be granted:
(a) on application in accordance with the regulations by a person; or
(b) on the initiative of the National Regulator.
(5) An exemption is subject to such conditions (if any) as are specified in the instrument of exemption.
(6) The National Regulator must not grant an exemption, or impose conditions under subsection (5), unless the National Regulator is satisfied that the exemption concerned, taken together with the conditions to which it is subject, will not jeopardise the safety of a vessel or a person on board a vessel.
(7) An exemption granted under subsection (1) is not a legislative instrument.
144 Offence of breaching a condition of exemption (owner)
(a) an exemption under section 143 in relation to the vessel is subject to a condition; and
(b) the owner breaches, or causes or permits another person to breach, the condition.
145 Offence of breaching a condition of exemption (master)
(a) an exemption under section 143 in relation to the vessel is subject to a condition; and
(b) the master breaches, or causes or permits another person to breach, the condition.
146 Offence of breaching a condition of exemption (all persons)
(a) an exemption under section 143 in relation to the person is subject to a condition; and
(b) the person breaches the condition.
Division 3—Application of National Law to certain bodies