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.