sec.18AExempting of person or ship from regulatory provision

### sec.18A Exempting of person or ship from regulatory provision The general manager may exempt a person or ship from a provision of a regulation or a speed limit fixed under section 206A or 206AA (a regulatory provision ). The general manager must consider all relevant matters in deciding whether or not to give an exemption, including, for example, the following— whether the regulatory provision has been substantially complied with; whether compliance with the regulatory provision is unnecessary in the particular circumstances; whether the action taken or proposed to be taken for the matter that is the subject of the exemption is as effective as, or more effective than, compliance with the regulatory provision. However, the general manager may give an exemption only if the general manager is satisfied giving it will not adversely affect marine safety or the effectiveness and efficiency of the Queensland maritime industry. If an exemption is given on conditions, the exemption operates only if the conditions are complied with. The general manager must, as soon as is practicable after giving an exemption, give notice of it in the gazette. The notice must state the following— the person or ship the exemption is given for; the regulatory provision from which the exemption is given; any conditions on which the exemption is given; any other details the general manager considers relevant. The Statutory Instruments Act 1992 , sections 24 to 26 apply to an exemption as if it were a regulation. A regulation may regulate the giving of an exemption. Also, if a provision of a regulation is repealed, a regulation may declare that— an exemption in force for the repealed provision, immediately before its repeal, is taken to be given for a provision of a regulation corresponding to the repealed provision; and for the purpose of a declaration under paragraph (a) , a reference in the exemption to the repealed provision is taken to be a reference to the corresponding provision. s 18A ins 1996 No. 63 s 5 amd 2002 No. 29 s 16 sch 1 ; 2012 No. 38 s 122 ; 2016 No. 3 s 10 (sec.18A-ssec.1) The general manager may exempt a person or ship from a provision of a regulation or a speed limit fixed under section 206A or 206AA (a regulatory provision ). (sec.18A-ssec.2) The general manager must consider all relevant matters in deciding whether or not to give an exemption, including, for example, the following— whether the regulatory provision has been substantially complied with; whether compliance with the regulatory provision is unnecessary in the particular circumstances; whether the action taken or proposed to be taken for the matter that is the subject of the exemption is as effective as, or more effective than, compliance with the regulatory provision. (sec.18A-ssec.3) However, the general manager may give an exemption only if the general manager is satisfied giving it will not adversely affect marine safety or the effectiveness and efficiency of the Queensland maritime industry. (sec.18A-ssec.4) If an exemption is given on conditions, the exemption operates only if the conditions are complied with. (sec.18A-ssec.5) The general manager must, as soon as is practicable after giving an exemption, give notice of it in the gazette. (sec.18A-ssec.6) The notice must state the following— the person or ship the exemption is given for; the regulatory provision from which the exemption is given; any conditions on which the exemption is given; any other details the general manager considers relevant. (sec.18A-ssec.7) The Statutory Instruments Act 1992 , sections 24 to 26 apply to an exemption as if it were a regulation. (sec.18A-ssec.8) A regulation may regulate the giving of an exemption. (sec.18A-ssec.9) Also, if a provision of a regulation is repealed, a regulation may declare that— an exemption in force for the repealed provision, immediately before its repeal, is taken to be given for a provision of a regulation corresponding to the repealed provision; and for the purpose of a declaration under paragraph (a) , a reference in the exemption to the repealed provision is taken to be a reference to the corresponding provision. - (a) whether the regulatory provision has been substantially complied with; - (b) whether compliance with the regulatory provision is unnecessary in the particular circumstances; - (c) whether the action taken or proposed to be taken for the matter that is the subject of the exemption is as effective as, or more effective than, compliance with the regulatory provision. - (a) the person or ship the exemption is given for; - (b) the regulatory provision from which the exemption is given; - (c) any conditions on which the exemption is given; - (d) any other details the general manager considers relevant. - (a) an exemption in force for the repealed provision, immediately before its repeal, is taken to be given for a provision of a regulation corresponding to the repealed provision; and - (b) for the purpose of a declaration under paragraph (a) , a reference in the exemption to the repealed provision is taken to be a reference to the corresponding provision.