Determination that certain provisions do not apply
7 Determination that certain provisions do not apply
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 provision of Part III (other than a provision of Division 3A of that Part);
section 35;
section 39;
section 41;
a provision of Division 3 or 4 of Part IV;
section 49Q;
section 117;
section 118;
section 120;
section 121.
The determination may:
be expressed to apply to a particular person or to a class of persons; and
specify the period during which the determination is in force; and
be made subject to specified conditions.
If APRA makes a determination that applies to a particular person, APRA must also give the person written notice of the determination.
APRA may, in writing, vary or revoke a determination under this section.
The following instruments made under this section are not legislative instruments:
a determination that applies to a particular person;
an instrument varying or revoking a determination that applies to a particular person.
Otherwise, an instrument made under this section is a legislative instrument.
Part VI applies to the following decisions made under this section:
a refusal to determine that one or more provisions of this Act do not apply to a particular person;
a decision to impose conditions on, or specify a period in, a determination made under this section in relation to a particular person;
a decision to vary or revoke a determination made under this section in relation to a particular person.
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