Victorian Current Acts Victorian Current Acts(1) The Authority may exempt a person or class of persons from any provisions of the regulations or of a legislative instrument (within the meaning of the Subordinate Legislation Act 1994 ) made under this Act in accordance with this section.
(2) The Authority may grant an exemption on its own motion or on the application of a person seeking the exemption.
S. 459(3) substituted by No. 36/2022 s. 64(1).
(3) An application for an exemption must—
(a) be made in the form approved by the Authority; and
(b) be accompanied by the prescribed fee (if any) for the application.
Note
An additional fee may be payable under section 459AA.
(4) The Authority must not grant an exemption unless it is satisfied that—
(a) the exemption will not pose a serious risk of harm to human health or the environment; and
(b) it is not practicable for the person to comply with the provision for which the exemption is sought, or the exemption is necessary to enable the efficient administration of the relevant regulation or legislative instrument (as the case may be).
(5) The Authority may refuse to grant an exemption if it considers that it would be more appropriate for an application for an exemption to be made under another provision of the Act or regulations.
S. 459(6) repealed by No. 36/2022 s. 64(2).
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(7) An exemption may be subject to any conditions that the Authority considers appropriate.
(8) An exemption has effect for the period specified in the exemption and may be varied, revoked or renewed as the Authority considers appropriate.
S. 459(8A) inserted by No. 36/2022 s. 64(3).
(8A) An exemption to a class of persons may apply, adopt or incorporate, with or without modification, any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any person or body—
(a) as in force at a particular time; or
(b) as amended, formulated, issued, prescribed or published from time to time.
(9) If the Authority grants an exemption to a class of persons, it must publish the following details of the exemption in the Government Gazette as soon as practicable after it is granted—
(a) the class of persons to whom the exemption applies;
(b) the provision of the regulations or legislative instrument in respect of which the exemption is granted;
S. 459(9)(ba) inserted by No. 36/2022 s. 64(4).
(ba) details of any matter contained in any document, code, standard, rule, specification or method that is applied, adopted or incorporated by the exemption;
(c) any conditions to which the exemption is subject.
(10) An exemption published in the Government Gazette takes effect from the date it is published in the Gazette, or on a later date specified in the exemption.
(11) An exemption has no effect unless the conditions to which it is subject are complied with.
S. 459A inserted by No. 36/2022 s. 65.