Document ID: chunk:federal_register_of_legislation:C2023C00275:clause:2_41
Version: federal_register_of_legislation:C2023C00275
Segment Type: clause
Provision Reference: sch 2 cl 41
Character Range: 102609–105266

41  Exemptions and modifications by ASIC

Exemptions and modifications
(1) ASIC may:
 (a) exempt:
 (i) a person; or
 (ii) a person and all of the person's credit representatives;
  from all or specified provisions to which this Part applies; or
 (b) exempt a credit activity that is engaged in relation to a specified credit contract, mortgage, guarantee or consumer lease from all or specified provisions to which this Part applies; or
 (c) declare that provisions to which this Part applies apply in relation to a person, or a credit activity referred to in paragraph (1)(b), as if specified provisions were omitted, modified or varied as specified in the declaration.
(2) An exemption or declaration under subitem (1) is not a legislative instrument.
(3) ASIC may, by legislative instrument:
 (a) exempt a class of persons from all or specified provisions to which this Part applies; or
 (b) exempt a credit activity (other than a credit activity referred to in paragraph (1)(b)) from all or specified provisions to which this Part applies; or
 (c) exempt a class of credit activities from all or specified provisions to which this Part applies; or
 (d) declare that provisions to which this Part applies apply in relation to a credit activity (other than a credit activity referred to in paragraph (1)(b)), or a class of persons or credit activities, as if specified provisions were omitted, modified or varied as specified in the declaration.

Conditions on exemptions
(4) An exemption may apply unconditionally or subject to specified conditions. A person to whom a condition specified in an exemption applies must comply with the condition. The court may order the person to comply with the condition in a specified way. Only ASIC may apply to the court for the order.

Publication of exemptions and declarations
(5) An exemption or declaration under subitem (1) must be in writing and ASIC must publish notice of it on its website.

Special rules in relation to offences
(6) If conduct of a person would not have constituted an offence if a particular declaration under paragraph (1)(c) or (3)(d) had not been made, that conduct does not constitute an offence unless, before the conduct occurred:
 (a) the text of the declaration was published by ASIC on its website; or
 (b) ASIC gave written notice setting out the text of the declaration to the person;
(in addition to complying with the requirements of the Legislation Act 2003 if the declaration is made under subitem (3)).
(7) In a prosecution for an offence to which subitem (6) applies, the prosecution must prove that paragraph (6)(a) or (b) was complied with before the conduct occurred.