New South Wales Consolidated Acts

ANTI-DISCRIMINATION ACT 1977 - SECT 126

126 Granting of exemptions by President

(1) Granting of exemptions The President may, by order published in the Gazette, grant an exemption from this Act or the regulations or such parts of this Act or the regulations as are specified in the order in respect of--

(a) a person or class of persons, or

(b) an activity or class of activity, or

(c) any other matter or circumstance specified in the order.

(2) An exemption is subject to such conditions, if any, as may be specified in the order.

(3) Duration of exemptions An exemption remains in force for the period specified in the order, which cannot be more than 10 years.

(4) Renewal of exemptions The President may renew any exemption, for no more than 10 years at a time, by making a new order in accordance with subsection (1).

(5) Variation and revocation of exemptions The power to make an order conferred by this section includes power, exercisable in the same manner and subject to the same conditions, to vary or revoke any order so made.

(6) Applications in relation to exemptions The President may grant, renew, vary or revoke an exemption only on the written application of a person. The regulations may make provision for or with respect to the making of such applications.

(7) In deciding whether to grant or refuse an application, the President may consult with such persons or bodies as the President considers appropriate in the circumstances.

(8) The President must make a decision on any such application within the period of 60 days after the application is made.

(9) Reviews of exemption decisions by Tribunal An affected person may apply to the Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of any of the following decisions (
"exemption decisions" )--

(a) a decision to refuse to grant an exemption,

(b) a decision to refuse to renew an exemption,

(c) a decision to grant an exemption (whether or not subject to conditions),

(d) a decision to vary or revoke an order granting an exemption.

(10) For the purposes of subsection (9), a person is an
"affected person" in relation to an exemption decision if--

(a) the person applied for the decision or for the grant or renewal of the exemption to which the decision relates, or

(b) the person is otherwise directly affected by the decision.

(11) Section 53 (Internal reviews) of the Administrative Decisions Review Act 1997 does not apply to any exemption decision.