(1) The Secretary may grant a permit to a natural person authorising that person to conduct a whale swim tour—
(a) from the vessel specified in the permit; and
(b) in the limited permit area specified in the permit.
(2) The Secretary may refuse to grant a whale swim tour permit if the Secretary is satisfied that—
(a) the applicant has been found guilty of an offence against this Act or regulations under this Act; or
(b) the applicant has failed to comply with this Act or regulations under this Act or the conditions of a permit under this Division; or
(c) the applicant has been convicted of an offence against a law of the Commonwealth or of a State or a Territory of the Commonwealth relating to fauna, to the preservation, conservation and protection of whales or to the living natural resources of the continental shelf of Australia; or
(d) for any other reason it is not suitable for the permit to be granted.
S. 83E inserted by No. 3/2002 s. 18, substituted by No. 45/2008 s. 27.