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s 7

Determination that certain provisions do not apply

In force
Part IPreliminary

7 Determination that certain provisions do not apply

(1)

APRA may, in writing, determine that any or all of the following provisions of this Act do not apply to a person while the determination is in force:

(a)

a provision of Part III (other than a provision of Division 3A of that Part);

(b)

section 35;

(c)

section 39;

(d)

section 41;

(e)

a provision of Division 3 or 4 of Part IV;

(f)

section 49Q;

(g)

section 117;

(h)

section 118;

(i)

section 120;

(j)

section 121.

(2)

The determination may:

(a)

be expressed to apply to a particular person or to a class of persons; and

(b)

specify the period during which the determination is in force; and

(c)

be made subject to specified conditions.

(2A)

If APRA makes a determination that applies to a particular person, APRA must also give the person written notice of the determination.

(3)

APRA may, in writing, vary or revoke a determination under this section.

(4)

The following instruments made under this section are not legislative instruments:

(a)

a determination that applies to a particular person;

(b)

an instrument varying or revoking a determination that applies to a particular person.

(5)

Otherwise, an instrument made under this section is a legislative instrument.

(6)

Part VI applies to the following decisions made under this section:

(a)

a refusal to determine that one or more provisions of this Act do not apply to a particular person;

(b)

a decision to impose conditions on, or specify a period in, a determination made under this section in relation to a particular person;

(c)

a decision to vary or revoke a determination made under this section in relation to a particular person.

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