Exemptions
36 Exemptions
A
Competent Authority may confer exemptions from this Act or specified provisions of this Act—
on specified persons or persons of a specified class; or
in relation to specified places, vehicles or activities, or places, vehicles or activities of a specified class.
However, a Competent Authority must not grant an exemption unless satisfied—
that compliance with the Act or the specified provisions of this Act (as the case may be) is not reasonably practicable in the circumstances;
and
that the exemption (subject to compliance with specified conditions (if any))—
would not result in an increased risk of personal injury, property damage or environmental harm; and
would not cause unnecessary administrative or enforcement difficulties.
A
Competent Authority should, in deciding whether to grant an exemption from a provision that operates as part of a scheme that involves the uniform application of laws on a national basis, take into account the effect that the exemption would have on the operation of that scheme.
An exemption may be granted on application or on the initiative of the
Competent Authority.
An exemption may be subject to conditions determined by the Competent
Authority (including a condition that the exemption will only operate for a specified period).
An exemption under this section may be granted—
by written notice to the person or persons to whom the exemption is granted; or
by notice in the Gazette.
However, if an exemption—
may or is expressed to operate for more than six months; or
is granted to a class of persons, then the Competent Authority must give notice of the exemption by notice in the Gazette (unless the exemption is granted under subsection (6)(b)).
A notice under subsection (6) or (7) must—
state the conditions (if any) to which the exemption is subject; and
comply with any requirement prescribed by the regulations.
A
Competent Authority may, if the Competent Authority considers it appropriate to do so, vary the conditions of an exemption by the addition, substitution or deletion of one or more conditions.
A
Competent Authority may, after due inquiry and for good cause, revoke an exemption.
If a Competent Authority decides to take action under subsection (9) or (10), the
Competent Authority must give notice in the same manner as when the exemption was granted.
A person who contravenes or fails to comply with a condition imposed under this section is guilty of an offence.
Maximum penalty:
In the case of a body corporate—$50 000.
In any other case—$10 000 or imprisonment for 6 months, or both.
If an exemption is granted to a person individually, the person must keep a copy of the notice of exemption in any vehicle or premises to which the exemption applies.
Maximum penalty: $5 000.
A
Competent Authority must, in prescribed circumstances, give notice to a prescribed authority of the granting of an exemption under this section.
No liability attaches to a Competent Authority (or to the Crown) by virtue of the fact that the Competent Authority has granted an exemption under this Act.
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