421Power of exemption

#### 421 Power of exemption (1) The Minister or the Authority may, in writing, direct that this Act does not apply, or specified provisions of this Act do not apply, to: (a) a ship or class of ships; or (b) a person or class of persons. (2) An exemption under subsection (1) may be confined to one or both of the following: (a) one or more specified periods; (b) one or more specified voyages or operations. (3) An exemption under subsection (1) is subject to such conditions (if any) as are specified in the direction. (4) If a condition that is applicable to an exemption of a ship is contravened, the master and the owner of the ship are guilty of an offence. Penalty: Imprisonment for 4 years. (4A) An offence under subsection (4) is an offence of strict liability. > Note: For strict liability, see section 6.1 of the Criminal Code. (5) A person commits an offence if: (a) the person is subject to a requirement under subsection (3) to comply with a condition; and (b) the person engages in conduct; and (c) the person’s conduct contravenes the requirement. Penalty: Imprisonment for 4 years. (5A) Strict liability applies to paragraph (5)(a). > Note: For strict liability, see section 6.1 of the Criminal Code. (6) The Minister or the Authority must not make a direction if the proposed exemption would be inconsistent with an obligation of Australia under an international agreement. (7) The Minister or the Authority must not make a direction unless satisfied that the proposed exemption will not jeopardise the safety of a ship or persons on board a ship.