CTHRepealedAct
Navigation Act 1912
188Exemptions
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#### 188 Exemptions
(1) Where a ship (other than a nuclear ship) that is not ordinarily engaged on international voyages undertakes, in exceptional circumstances, a single international voyage, the Authority may, if it is satisfied that the ship complies with safety requirements that, in its opinion, are adequate for the voyage, exempt the ship or any person, in respect of that voyage, from compliance with any provision of this Act or the regulations or orders that gives effect to the Safety Convention.
(2) The Authority may, in relation to a Safety Convention ship that is registered in Australia, exercise the right conferred on the Government of the Commonwealth by paragraph (b) of Regulation 4 of Chapter I contained in the Annex to the Safety Convention to exempt the ship from a provision of Chapter II‑1, II‑2, III or IV of the Regulations contained in that Annex, and a ship so exempted, and the master and owner of the ship, are exempt from compliance with any provision of this Act that gives effect to that provision.
(3) An exemption under subsection (2) is subject to such safety requirements (if any) as are specified in the exemption.
(4) If a safety requirement that is applicable to a ship by virtue of an exemption under subsection (3) is contravened, the master and the owner of the ship are each guilty of an offence punishable on conviction by a fine not exceeding $10,000 or imprisonment for a period not exceeding 4 years, or both.
(5) An offence under subsection (4) is an offence of strict liability.
> Note: For strict liability, see section 6.1 of the Criminal Code.