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Maritime Transport and Offshore Facilities Security Act 2003
89BShip security plan exemption certificate
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#### 89B Ship security plan exemption certificate
(1) A ship operator for a ship that passes the infrequent overseas voyages test may apply to the Secretary for a certificate (a ship security plan exemption certificate) stating that if:
(a) the ship were a regulated Australian ship; and
(b) the ship operator had applied under section 61A for the ship to be exempt from the operation of Division 2 of Part 4;
the Secretary would have exempted the ship from the operation of that Division in specified circumstances.
> Note: For the infrequent overseas voyages test, see section 17AA.
(2) The application must be in accordance with any requirements prescribed by the regulations.
(3) In deciding whether to issue a ship security plan exemption certificate, 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) issue a ship security plan exemption certificate in response to the application; or
(b) refuse to issue such a certificate.
Issue of certificate
(5) If the Secretary issues a ship security plan exemption certificate, the Secretary must give the ship operator a copy of the certificate.
Refusal to issue certificate
(6) If the Secretary refuses to issue a ship security plan exemption certificate, the Secretary must give the ship operator written notice of the refusal (including the reasons for the refusal).
Certificate is not a legislative instrument
(7) A ship security plan exemption certificate is not a legislative instrument.