Document ID: chunk:federal_register_of_legislation:F2024C01008:reg:342:p1
Version: federal_register_of_legislation:F2024C01008
Segment Type: reg
Provision Reference: reg 342 (pt 1/2)
Character Range: 212123–214942

342  Special circumstances exemption
 (1) A relevant authority may grant a written exemption (a special circumstances exemption) to a person, entitling the person to the privileges of the holder of one or more of the following:
 (a) an extinguishing agent handling licence;
 (b) an extinguishing agent trading authorisation;
 (c) a halon special permit;
as specified in the exemption.
 (1A) An application for a special circumstances exemption must be accompanied by the fee mentioned for the exemption in regulation 345.
 (2) The relevant authority may accept an application from a person who applies, in writing, to the relevant authority, setting out:
 (a) the name and address of the person; and
 (b) the activities to be carried out by the person, for which the exemption is being sought; and
 (c) any other information relevant to the relevant authority's decision whether or not to grant the exemption.
 (3) The authority may grant the exemption only if the authority is satisfied that:
 (a) either:
 (i) special circumstances exist that justify the grant of the exemption; or
 (ii) the activities proposed to be covered by the exemption are to be undertaken by the Australian Defence Force or a military of a foreign country acting in cooperation with the Australian Defence Force; and
 (b) it is inappropriate or impracticable for the applicant to obtain the required licences, authorisations or permits related to the activities to which the application relates; and
 (c) if the applicant is an individual—the individual has suitable qualifications or experience to competently carry out the activities to be covered by the exemption; and
 (d) if the applicant is a person other than an individual—the person has:
 (i) suitably qualified or experienced employees or contractors to competently carry out the activities to be covered by the exemption; and
 (ii) suitable equipment to carry out the activities to be covered by the exemption.
 (4) If the authority decides to grant the exemption, the exemption must:
 (a) be in writing; and
 (b) specify the following:
 (i) the activities that are covered by the exemption;
 (ii) the licences, authorisations or permits in relation to which the exemption is being granted;
 (iii) the period for which the exemption is in force;
 (iv) if any conditions are imposed on the exemption under regulation 342A—the conditions;
 (v) if the exemption is granted to a person other than an individual—the relevant qualifications or experience that an employee or contractor of the person must have to carry out the activities covered by the exemption.
Note: Regulation 314A deals with the maximum period that a special circumstances exemption can be in force.
 (5) If the authority decides to grant the exemption, it must, as soon as practicable, give the applicant a copy of