Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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.
(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.