Document ID: chunk:federal_register_of_legislation:F2025C00214:clause:1_7:p3
Version: federal_register_of_legislation:F2025C00214
Segment Type: clause
Provision Reference: sch 1 cl 7 (pt 3/11)
Character Range: 21116–23974

to a service that is performed on the equipment during the exemption period of the exemption (including the exemption period as extended or further extended under clause 1.2.10, if applicable).
 (7) If the Secretary refuses to grant the exemption, clause 1.2.1 does not apply to a service that is performed on the equipment during the period:
 (a) starting when the Secretary refuses to grant the exemption; and
 (b) ending:
 (i) when the relevant proprietor for the equipment applies under clause 1.2.11 for reconsideration of the decision to refuse to grant the exemption; or
 (ii) if the relevant proprietor does not apply for such consideration—at the end of the period in which the proprietor could have applied for such reconsideration.

1.2.9  Equipment unable to be replaced etc. before end of applicable life age—applying for extensions of exemption periods

Scope of this clause
 (1) This clause applies if an exemption under clause 1.2.8 in respect of diagnostic imaging equipment is in force.

Applying for extension of exemption period
 (2) The relevant proprietor for the equipment may apply to the Secretary to extend or further extend under clause 1.2.10 the exemption period of the exemption.
Note: For relevant proprietor, see clause 1.2.4.
 (3) The application must:
 (a) be in writing; and
 (b) be made before the end of the current exemption period of the exemption; and
 (c) set out:
 (i) reasons why the proprietor continues to be unable to replace or upgrade the equipment; and
 (ii) the steps taken by the proprietor to replace the equipment (or upgrade the equipment, if it has not already been upgraded).

Notifying proprietor of receipt of application
 (4) If:
 (a) the Secretary receives an application under subclause (2) of this clause for an extension or further extension of the exemption; and
 (b) the application complies with subclause (3);
the Secretary must notify the relevant proprietor for the equipment in writing that the Secretary has received the application.

Effect of application on capital sensitivity requirements
 (5) Clause 1.2.1 does not apply to a service that is performed on the equipment during the period:
 (a) starting when the Secretary notifies the relevant proprietor under subclause (4) of this clause that the Secretary has received an application in respect of the equipment; and
 (b) ending when the Secretary makes a decision on the application under clause 1.2.10, or the application is withdrawn.

1.2.10  Equipment unable to be replaced etc. before end of applicable life age—extending exemption periods

Scope of this clause
 (1) This clause applies if, under subclause 1.2.9(4), the Secretary notifies the relevant proprietor for diagnostic imaging equipment that the Secretary has received an application for an extension or further extension of the exemption period of an exemption in