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COMMONWEALTHAct
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s 40

Exemption from requirement to deposit utilised material or information

In force
Part 2Marine genetic resources and digital sequence information
Division 3Utilisation of marine genetic resources and digital sequence information
Subdivision BDepositing utilised material or information

40 Exemption from requirement to deposit utilised material or information

(1)

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.

Note:

The Minister must publish the exemption on the Register (see subsection 109(1)).

Rules

(2)

The rules may make provision for, or in relation to, the giving of an exemption under subsection (1).

(3)

Without limiting subsection (2), rules made for the purposes of that subsection may:

(a)

specify the manner and form in which an application for an exemption under subsection (1) must be made; and

(b)

provide for the circumstances in which such an exemption may be given; and

(c)

provide for the conditions that may apply to such an exemption.

(4)

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

(5)

An exemption under subsection (1) is not a legislative instrument.

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