Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) A relevant authority may, on application, grant a written exemption (a special circumstances exemption ), entitling the person to the privileges of the holder of one or more of the following:
(a) a refrigerant handling licence;
(b) a refrigerant trading authorisation;
(c) an RAC equipment manufacturing authorisation;
(d) a halon special permit;
as specified in the exemption.
Note: Regulation 121 also applies to an application.
(2) The authority may grant the exemption only if the authority is satisfied that:
(a) either:
(i) special circumstances exist that justify the grant of the exemption; or
(ii) the activities proposed to be covered by the exemption are to be undertaken by the Australian Defence Force or a military of a foreign country acting in cooperation with the Australian Defence Force; and
(b) it is inappropriate or impracticable for the applicant to obtain the required licences, authorisations or permits related to the activities to which the application relates; and
(c) if the application relates to an exemption from holding a refrigerant trading authorisation or an RAC equipment manufacturing authorisation--the applicant has business premises that are equipped and operating so as to be able to handle, and prevent avoidable emissions of, a refrigerant; and
(d) if the applicant is an individual--the individual has suitable qualifications or experience to competently carry out the activities to be covered by the exemption; and
(e) if the applicant is a person other than an individual--the person has:
(i) suitably qualified or experienced employees or contractors to competently carry out the activities to be covered by the exemption; and
(ii) suitable equipment to carry out the activities to be covered by the exemption.
(3) If the authority decides to grant the exemption, the exemption must:
(a) be in writing; and
(b) specify the following:
(i) the activities that are covered by the exemption;
(ii) the licences, authorisations or permits in relation to which the exemption is being granted;
(iii) the period for which the exemption is in force;
(iv) if any conditions are imposed on the exemption under regulation 152--the conditions;
(v) if the exemption is granted to a person other than an individual--the relevant qualifications or experience that an employee or contractor of the person must have to carry out the activities covered by the exemption.
Note: Regulation 122A deals with the maximum period that a special circumstances exemption can be in force.
(4) If the authority decides to grant the exemption, it must, as soon as practicable, give the applicant a copy of the exemption.