Document ID: chunk:federal_register_of_legislation:F2024C01272:body:0:p10
Version: federal_register_of_legislation:F2024C01272
Segment Type: other
Provision Reference: 
Character Range: 23717–26357

a person to whom the first exemption relates; and
 (c) the application is made in the period granted for the exemption granted last.
 (4) Before granting an exemption under subsection (2) or (3), the Commission:
 (a) must consult with the Accessible Public Transport Jurisdictional Committee; and
 (b) may consult with any other body or person that the Commission considers appropriate to consult.
 (5) An exemption granted by the Commission under subsection (2) or (3) must not be granted for a period greater than 5 years.
5.2 Content of exemptions
  An exemption granted under subsection 5.1 (2) or (3) must:
 (a) be in writing; and
 (b) state if it is an exemption from compliance with some or all of the requirements of Part H2 of the Access Code; and
 (c) if it only applies to some of the requirements of Part H2 of the Access Code — state the requirements to which it only applies; and
 (d) state the period for which it is granted; and
 (e) state the following matters if they apply to the exemption:
 (i) any terms and conditions subject to which the exemption is granted;
 (ii)  any circumstances or activities to which the exemption only applies;
 (iii) if it is a further exemption.
5.3 Effect of exemption
  The following persons do not contravene these Standards if the person's failure to comply with the Standards is in accordance with an exemption granted under section 5.1:
 (a) a person granted the exemption;
 (b) a person in the employment of, or under the direction or control of, a person granted the exemption.
Note   Section 32 of the Act provides that it is unlawful for a person to contravene a disability standard.
5.4 Review of exemptions by Administrative Appeals Tribunal
  A person may apply to the Administrative Appeals Tribunal for review of decisions made by the Commission under section 5.1.
5.5 Publication of notice of decision
 (1) Within 1 month after it makes a decision under section 5.1 the Commission must organise for a notice of the making of the decision to be published in the Gazette:
 (a) stating its findings on material questions of facts; and
 (b) stating the evidence on which those findings were based; and
 (c) stating the reasons for the making of the decision; and
 (d) containing a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal for a review of the decision to which the notice relates by or on behalf of any person or persons whose interests are affected by the decision.
 (2) A failure to comply with any part of subsection (1) for a decision does not affect the validity of