Document ID: chunk:federal_register_of_legislation:F2016C00713:clause:1_94
Version: federal_register_of_legislation:F2016C00713
Segment Type: clause
Provision Reference: sch 1 cl 94
Character Range: 169036–170462

94  Granting an exemption
 (1) The Authority must decide an application for an exemption as soon as practicable after the Authority receives the application.
 (2) If the Authority decides to grant an exemption, the Authority must:
 (a) give the applicant a written exemption; or
 (b) if the Authority grants the exemption to a class of persons—publish the exemption in the Gazette.
 (3) An exemption takes effect:
 (a) when the exemption is given to the applicant; or
 (b) at a later time stated in the exemption; or
 (c) in the case of a work/rest hours exemption granted to a class of persons—on the date that the exemption is published in the Gazette.
 (4) The exemption applies for the period (not longer than 3 years) stated in the exemption.
 (5) An exemption may be given subject to a condition stated in the exemption.
 (6) A person to whom an exemption is granted must not contravene a condition of the exemption.

Court‑imposed penalty: $6 000.
 (7) If the Authority decides not to grant the exemption, the Authority must give the applicant a written notice that states:
 (a) the Authority's decision; and
 (b) the reasons for the decision; and
 (c) that the applicant may apply to have the decision reconsidered.
 (8) An offence against subsection (6) is an offence of strict liability.

Division 5.3—Variation, suspension or cancellation of accreditation or exemptions

Subdivision 5.3.1—On application of holder