Queensland Consolidated Acts Queensland Consolidated Acts(1) The general manager may exempt a person or ship from a provision of a regulation or a speed limit fixed under section 206A (a regulatory provision).
(2) The general manager must consider all relevant matters in deciding whether or not to give an exemption, including, for example, the following—
(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.
(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.
(4) If an exemption is given on conditions, the exemption operates only if the conditions are complied with.
(5) The general manager must, as soon as is practicable after giving an exemption, give notice of it in the gazette.
(6) The notice must state the following—
(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.
(7) The Statutory Instruments Act 1992, sections 24 to 26 apply to an exemption as if it were a regulation.
(8) A regulation may regulate the giving of an exemption.