89DISSC exemption certificate

#### 89D ISSC exemption certificate (1) A ship operator for a ship that passes the infrequent overseas voyages test may apply to the Secretary for a certificate (an ISSC exemption certificate): (a) stating that if: (i) the ship were a regulated Australian ship; and (ii) the ship operator had applied under section 79A for the ship to be exempt from the operation of Division 6 of Part 4; the Secretary would have exempted the ship from the operation of that Division in specified circumstances; and (b) stating that the certificate is only valid for a specified voyage. > 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 an ISSC 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 an ISSC exemption certificate in response to the application; or (b) refuse to issue such a certificate. (5) If the ship is required, by or under the Navigation Act 2012, to have a safety certificate of a particular kind when the ship is taken to sea, the Secretary must not issue an ISSC exemption certificate for the ship unless the Secretary is satisfied that the ship has such a safety certificate. Issue of certificate (6) If the Secretary issues an ISSC exemption certificate, the Secretary must give the ship operator a copy of the certificate. Refusal to issue certificate (7) If the Secretary refuses to issue an ISSC 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 (8) An ISSC exemption certificate is not a legislative instrument. Deemed voyage (9) For the purposes of this section, if: (a) a ship undertakes a voyage in the course of which the ship travels from a port in Australia (the departure port) to a port outside Australia (the destination port); and (b) the ship undertakes a return voyage in the course of which the ship travels from the destination port to: (i) the departure port; or (ii) another port in Australia; those voyages are taken to be a single voyage. Specification of voyage (10) Subsection 33(3AB) of the Acts Interpretation Act 1901 does not apply to the specification of a voyage in an ISSC exemption certificate. > Note: Subsection 33(3AB) of the Acts Interpretation Act 1901 deals with specification by class.