186KExemption from requirement to navigate with a licensed pilot

186K Exemption from requirement to navigate with a licensed pilot

(1) The master or owner of a regulated ship may apply to the Authority for an exemption from the requirement to navigate with a licensed pilot in a compulsory pilotage area. (2) The application must: (a) be in writing; and (b) contain the prescribed information; and (c) be made in a form approved by the Authority. (3) The Authority must, after consideration of the application: (a) by instrument in writing, grant or refuse to grant the exemption applied for; and (b) give the applicant a copy of the instrument, and, in the case of a refusal, a statement of the reasons for that refusal. (4) A refusal to grant the exemption applied for may be a refusal to grant the exemption at all or a refusal to grant the exemption as to a part of the ship’s proposed navigation in the compulsory pilotage area. (5) If the Authority grants an exemption, whether it is the exemption applied for or a lesser exemption, the exemption may be expressed to be subject to such conditions as are specified by the Authority in the instrument granting the exemption. (6) If: (a) a regulated ship is navigating in a compulsory pilotage area; and (b) the Authority has granted an exemption in respect of the proposed navigation by the ship in that area; and (c) that exemption is subject to conditions; and (d) the ship, in navigating in that area, fails to comply with those conditions; the master and the owner of the ship each commit an offence punishable on conviction by a fine not exceeding 500 penalty units. (7) An offence against subsection (6) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

(8) An instrument under this section granting or refusing an exemption is not a legislative instrument for the purposes of the Legislative Instruments Act 2003.