Document ID: chunk:federal_register_of_legislation:C2013C00428:clause:1_148d:p1
Version: federal_register_of_legislation:C2013C00428
Segment Type: clause
Provision Reference: sch 1 cl 148D (pt 1/2)
Character Range: 38172–41036

148D  Section 148C—exemption for rules
 (1) If an organisation:
 (a) has a rule that complies with section 148C; but
 (b) considers that special circumstances exist in relation to the organisation that mean that the rule is too onerous;
the organisation may lodge with FWA an application for an exemption from section 148C.
 (2) The application must be accompanied by:
 (a) a statement of the special circumstances that exist in relation to the organisation; and
 (b) particulars of proposed alterations of the rules of the organisation to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation's special circumstances and provide appropriate transparency; and
 (c) evidence of the organisation's past and current high standards, of financial accountability and control, that are appropriate for the organisation's special circumstances and provide appropriate transparency.
 (3) If the General Manager is satisfied, on application by an organisation under subsection (1):
 (a) that special circumstances exist in relation to the organisation; and
 (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alterations of the rules of the organisation provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation's special circumstances and provide appropriate transparency; and
 (c) that the proposed alterations of the rules:
 (i) comply with and are not contrary to this Act (other than section 148C); and
 (ii) are not otherwise contrary to law; and
 (iii) have been decided on under the rules of the organisation;
the General Manager may grant to the organisation an exemption from section 148C.
 (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from section 148C.
 (5) If the General Manager grants to the organisation an exemption from section 148C, the rule of the organisation that takes effect in accordance with subsection (4) is, for the purposes of this Act other than this section, taken to be a rule made under section 148C.
 (6) An exemption under subsection (3) remains in force until the earlier of:
 (a) the day the exemption is revoked under subsection (7); and
 (b) the day 5 years after the day the exemption was granted.
 (7) The General Manager may revoke an exemption granted to an organisation under subsection (3):
 (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with section 148C; or
 (b) if the General Manager is no longer satisfied of a matter referred to in paragraph (3)(a), (b) or (c);
and the General Manager has given the organisation an opportunity, as prescribed, to show