Exemption from requirement to deposit utilised material or information
40 Exemption from requirement to deposit utilised material or information
On application by a notifying entity for a utilisation activity, the Minister may, in writing, exempt the entity from complying with subsection 39(1) in relation to the activity.
The Minister must publish the exemption on the Register (see subsection 109(1)).
Rules
The rules may make provision for, or in relation to, the giving of an exemption under subsection (1).
Without limiting subsection (2), rules made for the purposes of that subsection may:
specify the manner and form in which an application for an exemption under subsection (1) must be made; and
provide for the circumstances in which such an exemption may be given; and
provide for the conditions that may apply to such an exemption.
Before making rules for the purposes of subsection (2), the Minister must be satisfied that the rules are consistent with Australia’s obligations under the BBNJ Agreement.
Exemptions not legislative instruments
An exemption under subsection (1) is not a legislative instrument.
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