Document ID: chunk:federal_register_of_legislation:C2025C00157:section:7
Version: federal_register_of_legislation:C2025C00157
Segment Type: section
Provision Reference: s 7
Character Range: 46065–47742

7  Determination that certain provisions do not apply
 (1) APRA may, in writing, determine that any or all of the following provisions of this Act do not apply to a person while the determination is in force:
 (a) a provision of Part III (other than a provision of Division 3A of that Part);
 (b) section 35;
 (c) section 39;
 (d) section 41;
 (e) a provision of Division 3 or 4 of Part IV;
 (f) section 49Q;
 (g) section 117;
 (h) section 118;
 (i) section 120;
 (j) section 121.
 (2) The determination may:
 (a) be expressed to apply to a particular person or to a class of persons; and
 (b) specify the period during which the determination is in force; and
 (c) be made subject to specified conditions.
 (2A) If APRA makes a determination that applies to a particular person, APRA must also give the person written notice of the determination.
 (3) APRA may, in writing, vary or revoke a determination under this section.
 (4) The following instruments made under this section are not legislative instruments:
 (a) a determination that applies to a particular person;
 (b) an instrument varying or revoking a determination that applies to a particular person.
 (5) Otherwise, an instrument made under this section is a legislative instrument.
 (6) Part VI applies to the following decisions made under this section:
 (a) a refusal to determine that one or more provisions of this Act do not apply to a particular person;
 (b) a decision to impose conditions on, or specify a period in, a determination made under this section in relation to a particular person;
 (c) a decision to vary or revoke a determination made under this section in relation to a particular person.