Document ID: chunk:federal_register_of_legislation:C2024A00091:section:144
Version: federal_register_of_legislation:C2024A00091
Segment Type: section
Provision Reference: s 144
Character Range: 168650–170264

144  Exemptions

Exempting a person from a provision or condition
 (1) The Regulator may, in writing, exempt a specified person from:
 (a) the application of subsection 19(1), or another provision of this Act prescribed by the regulations, in relation to a regulated activity; or
 (b) the application of a specified licence condition.
Note: For variation and revocation, see subsections 33(3) and (3AA) of the Acts Interpretation Act 1901.
 (2) An exemption may be granted:
 (a) on application by a person in accordance with the regulations; or
 (b) on the initiative of the Regulator.
 (3) An exemption is subject to any conditions specified in the instrument of exemption.
 (4) The Regulator must not grant an exemption, or impose conditions under subsection (3), unless the Regulator is satisfied that the exemption, taken together with the conditions to which it is subject, will not jeopardise the nuclear safety of a regulated activity.
 (5) The functions of the Regulator under this section may only be performed by the Director‑General.

AAT review
 (6) Applications may be made to the Administrative Appeals Tribunal for review of:
 (a) a decision to refuse to grant an exemption under subsection (1); or
 (b) a decision to impose a condition under subsection (3); or
 (c) a decision to vary or revoke an exemption under subsection (1), including by varying or revoking a condition imposed under subsection (3).

Instruments are not legislative instruments
 (7) The following are not legislation instruments:
 (a) an exemption granted under subsection (1);
 (b) a condition imposed under subsection (3).