Commonwealth Consolidated Acts

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Director of Biosecurity may grant exemptions

             (1)  An application may be made, in a manner acceptable to the Director of Biosecurity, for an exemption for one or more discharges of ballast water from a vessel that:

                     (a)  are to be connected with one or more of the vessel's voyages between specified ports, offshore terminals or other locations; and

                     (b)  are to be of ballast water taken up in one or more of those ports, offshore terminals or other locations; and

                     (c)  are to occur within a specified period of not more than 5 years.

Note:          An application fee may be required (see paragraph 592(4)(b)).

             (2)  The Director of Biosecurity may, by written notice to the applicant:

                     (a)  grant the exemption:

                              (i)  in whole or in part; and

                             (ii)  subject to the conditions (if any) specified in the notice; or

                     (b)  refuse to grant the exemption.

Note 1:       A decision to refuse to grant an exemption, or a decision to impose a condition on an exemption, is a reviewable decision (see Part 1 of Chapter 11).

Note 2:       An exemption may be varied or revoked under section 281. Subsection 33(3) of the Acts Interpretation Act 1901 does not apply in relation to subsection (2) of this section.

             (3)  The Director of Biosecurity must make a decision under subsection (2) in accordance with the determination under section 308A.

             (4)  The Director of Biosecurity must make a decision and give notice under subsection (2) before the end of 28 days after the application was made.

             (5)  If the Director of Biosecurity does not give notice under subsection (2) within the 28-day period referred to in subsection (4), the Director is taken to have refused to grant the exemption at the end of that period.

Decisions made by computer

             (6)  The Director of Biosecurity may arrange for the use, under the Director's control, of computer programs for making decisions on the granting or refusal of exemptions or the conditions to be imposed on exemptions.

             (7)  A decision made by the operation of a computer program under an arrangement made under subsection (6) is taken to be a decision made by the Director of Biosecurity.

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