Document ID: chunk:federal_register_of_legislation:C2024C00480:section:37
Version: federal_register_of_legislation:C2024C00480
Segment Type: section
Provision Reference: s 37
Character Range: 73596–75703

37  Exempting models from requirements of GEMS determinations
 (1) The GEMS Regulator may, by legislative instrument, in accordance with regulations (if any) made for the purposes of this subsection, exempt a specified model of a GEMS product from one or more requirements, or one or more aspects of one or more requirements, of a GEMS determination in relation to all or specified supplies or uses of products of that model.
Note: Models covered by exemptions must still be registered under Part 5.
 (1A) An exemption in relation to a GEMS determination may be made at any time after the determination is made.
 (2) The exemption may specify conditions to which the exemption is subject, including the following:
 (a) a condition that products of that model be labelled in a specified way in connection with a specified supply;
 (b) a condition relating to the supply or commercial use of products of that model.
Example: For paragraph (b), a condition that a supplier be satisfied, before supplying a product of the model, that the product will only be used for a particular purpose.
 (3) A person must comply with a condition of an exemption to the extent that it applies to the person.
 (4) Regulations made for the purposes of subsection (1) may (without limitation) provide for or in relation to the following:
 (a) exemptions to be made only on application by specified persons;
 (b) the manner and form of such an application;
 (c) the documentation or other information, and any fee, that must accompany such an application;
 (d) giving further documentation or information to the GEMS Regulator for the purposes of determining such an application;
 (e) matters to which the GEMS Regulator may or must have regard in exempting a model under subsection (1) or specifying a condition under subsection (2).
 (5) The GEMS Regulator must not make an exemption that has the effect of giving preference (within the meaning of section 99 of the Constitution) to one State or part of a State over another State or part of a State.

Part 5—Registering models of GEMS products

Division 1—Guide to this Part