Document ID: chunk:federal_register_of_legislation:C2024C00639:section:26
Version: federal_register_of_legislation:C2024C00639
Segment Type: section
Provision Reference: s 26
Character Range: 43967–45490

26  Minister must decide whether to grant exemption
 (1) On receiving an application made under section 25 for an exemption, the Minister must decide:
 (a) to grant the exemption; or
 (b) to refuse to grant the exemption.
Note: A decision under this subsection is a reviewable decision (see section 151) and the Minister must give the person written notice of the decision (see section 152).
 (2) The Minister may grant the exemption if the Minister is satisfied, having regard to any matter prescribed by the rules and any other matter that the Minister considers relevant, that:
 (a) any requirements prescribed by the rules are met; and
 (b) it is appropriate to grant the exemption.
Note: An exemption generally must not be varied (see subsection 30(1)).
 (3) In considering whether it is appropriate to grant the exemption, the Minister:
 (a) must have regard to the objects of this Act; and
 (b) may have regard to any other matter.
 (4) If the Minister grants the exemption, the Minister must:
 (a) decide that the exemption remains in force until a specified event occurs (which must not occur more than 12 months after the day the exemption takes effect); or
 (b) decide that the exemption remains in force for a specified period (which cannot be more than 12 months after the day the exemption takes effect).
 (5) The Minister may decide that the exemption remains in force for a specified period under paragraph (4)(b) even if rules made for the purposes of subsection 29(2) apply in relation to the exemption.