Document ID: chunk:federal_register_of_legislation:F2016C00407:clause:1_25
Version: federal_register_of_legislation:F2016C00407
Segment Type: clause
Provision Reference: sch 1 cl 25
Character Range: 26953–28946

25  Decisions to be made by Authority
 (1) The Authority must decide the application as soon as practicable.
 (2) If the application is for an exemption of a particular vehicle from a requirement of a provision of the Vehicle Standards, the Authority may give the exemption if:
 (a) complying with the provision would prevent the vehicle from operating in the way in which, or for the purpose for which, the vehicle was built or modified; or
 (b) the vehicle is an experimental vehicle, a prototype, or another vehicle, that could not reasonably be expected to comply with the provision; or
 (c) the vehicle:
 (i) was registered, or otherwise authorised to be driven or towed on a road or a road‑related area, by a vehicle registration authority before the commencement of the provision; and
 (ii) was not required to comply with a similar requirement before that commencement.
 (3) If the application is for an exemption of a particular combination from a requirement of a provision of the Vehicle Standards, the Authority may give the exemption if:
 (a) complying with the provision would prevent the combination from operating for the purpose for which the combination is, or is proposed to be, used; or
 (b) the combination is an experimental combination, or prototype, that could not reasonably be expected to comply with the provision.
 (4) If the application is for an exemption of all vehicles or combinations for which the applicant is the operator, the Authority may give the exemption if it would be unreasonable for the vehicles or combinations to comply with the requirement.
 (5) If the application is for amendment of an exemption given by the Authority, the Authority may amend the exemption if:
 (a) since the exemption was given, a change has happened in relation to something the Authority considered in deciding to give the exemption; and
 (b) the exemption would have been given how it is proposed to be amended if the change had happened before the exemption was given.