Document ID: chunk:federal_register_of_legislation:F2011C00213:body:0:p26
Version: federal_register_of_legislation:F2011C00213
Segment Type: other
Provision Reference: 
Character Range: 70106–72873

issue of unjustifiable hardship is raised having regard to the factors listed in paragraphs (3) (a) to (p), the following additional factors are to be considered:
 (a) the extent to which substantially equal access to public transport services (including in relation to equality of independence, amenity, availability, comfort, convenience, dignity, price and safety) is or may be provided otherwise than by compliance with these Standards;
 (b) any measures undertaken, or to be undertaken by, on behalf of, or in association with, a person or organisation concerned to ensure such access.

 (5) For these Standards:
unjustifiable hardship is to be interpreted and applied having due regard to the scope and objects of the Disability Discrimination Act 1992 (in particular the object of removing discrimination as far as possible) and the rights and interests of all relevant parties.

Part 33A Exemptions from compliance

33A.1 Commission may grant exemptions

 (1) The following persons may apply to the Commission for an exemption:
 (a) a person:
 (i) on the person's own behalf; or
 (ii) on behalf of the person and another person or other persons; or
 (iii) on behalf of another person or other persons;
 (b) 2 or more persons:
 (i) on their own behalf; or
 (ii) on behalf of themselves and another person or other persons; or
 (iii) on behalf of another person or other persons.

 (2) After receiving an application under subsection (1), the Commission may grant the person or persons to whom the application relates an exemption from compliance with some or all of these Standards.

 (3) The Commission may grant a further exemption from compliance with the same requirements to which an exemption under subsection (2) (the first exemption) applied, if:
 (a) a person makes an application for a further exemption; and
 (b) the person who makes the application is 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 of more than 5 years.

33A.2 Content of exemptions

  An exemption granted under subsection 33A.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 these Standards; and
 (c) if it only applies to some of the requirements of these Standards — state the requirements to which it only applies; and
 (d) state the