Part 3Exemptions#

153Exemptions#

(1) A person, or a person who is the representative of a class of persons, may apply to the chief executive for an exemption from complying with a provision of a dangerous goods regulation about transporting particular dangerous goods.

(2) The chief executive may, on an application under subsection (1) or on the chief executive’s own initiative, exempt a person or class of persons from complying with a provision of a dangerous goods regulation if satisfied that— (a) it is not reasonably practicable for the person or class of persons to comply with the provision; and (b) granting the exemption— (i) would not be likely to create a risk of death or injury to a person, or harm to the environment or to property, greater than that which would be the case if the person or class of persons was required to comply; and (ii) would not cause unnecessary administrative or enforcement difficulties, particularly about maintaining national uniformity of road transport laws.

(3) If an exemption is given on conditions, the exemption operates only if the conditions are complied with.

(4) If an application is made for an exemption and the chief executive grants the exemption, the chief executive must send to each applicant a notice stating— (a) the provisions of a dangerous goods regulation in relation to which the exemption applies; and (b) the dangerous goods to which the exemption applies; and (c) the time for which the exemption applies, including the date that the exemption takes effect; and (d) the conditions to which the exemption is subject; and (e) the geographical area for which the exemption applies; and (f) for a class exemption—each of the following to be stated in the exemption— (i) the class of person exempted;

(ii) the class representative for the exemption.

(5) If an application is made for an exemption and the chief executive does not grant the exemption, the chief executive must give a notice stating the following to each applicant— (a) that the chief executive is not granting the exemption; (b) the reasons for the decision; (c) the prescribed review information for the decision.

(6) The Statutory Instruments Act 1992, sections 24 to 26 apply to the exemption as if it were a statutory instrument.

(7) A regulation may make provision in relation to applying for, and the giving of, exemptions under this Act.

(8) In this section— applicant means— (a) a person who has applied under subsection (1) for himself or herself, whether or not the application is made jointly with other persons; or (b) a person who is a representative of a class of persons and who has applied under subsection (1) for the class of persons; or (c) a person who is a member of a class of persons and whose name and address is given in an application made by a person as mentioned in paragraph (b).

153AContravention of condition of exemption#

(1) A person acting under the authority of an exemption under section 153 must not contravene a condition of the exemption. Maximum penalty—100 penalty units or 6 months imprisonment.

(2) If, because of the operation of section 153(3), a person commits an offence against a provision of a regulation (the other offence provision) the person was exempted from complying with under the exemption, the person— (a) may be charged with committing an offence against either subsection (1) or the other offence provision; but (b) must not be charged with both offences.

153BGrounds for amending, suspending or cancelling exemption#

It is a ground for amending, suspending or cancelling an exemption if— (a) the exemption was granted because of a document or representation that is false or misleading or obtained or made in another improper way; or (b) the person, or 1 or more of the persons, to whom the exemption applies— (i) has contravened a condition of the exemption; or (ii) has been convicted of an offence against this Act or a corresponding law that is an offence relevant to the issue of whether the person or persons should continue to be the subject of an exemption; or (c) public safety has been endangered, or is likely to be endangered because of the exemption; or (d) the chief executive considers that if he or she were dealing with an application for the exemption again (a notional application), the chief executive would not be satisfied, as mentioned in section 153(2), in relation to the granting of the notional application; or

  • (e) the chief executive considers it necessary in the public interest.

153CWhat chief executive must do before taking proposed action, other than for class exemption#

  1. (1)This section applies if the chief executive proposes to amend, suspend or cancel an exemption, other than a class exemption (the proposed action).
  2. (2)Before taking the proposed action, the chief executive must give the holder written notice stating—
  3. (a)the proposed action; and
  4. (b)the grounds for the proposed action; and
  5. (c)an outline of the facts and circumstances forming the basis for the grounds; and
  6. (d)if the proposed action is to amend the exemption, including a condition of the exemption—the proposed amendment; and
  7. (e)if the proposed action is to suspend the exemption—the proposed suspension period; and
  8. (f)an invitation to the holder to show in writing, within a stated time of at least 28 days, why the proposed action should not be taken.

153DWhat chief executive must do before taking proposed action for class exemption#

  1. (1)This section applies if the chief executive proposes to amend, suspend or cancel a class exemption (the proposed action).
  2. (2)Before taking the proposed action, the chief executive must give written notice to the holder and in the gazette stating—
  3. (a)the proposed action; and
  4. (b)the grounds for the proposed action; and
  5. (c)an outline of the facts and circumstances forming the basis for the grounds; and
  6. (d)if the proposed action is to amend the exemption, including a condition of the exemption—the proposed amendment; and
  7. (e)if the proposed action is to suspend the exemption—the proposed suspension period; and
  8. (f)an invitation to the holder and any member of the class for the exemption to show in writing, within a stated time of at least 28 days, why the proposed action should not be taken.

153EDecision on proposed action#

  1. (1)If, after considering any written representations made within the time allowed under section 153C or 153D, the chief executive still considers proposed action under the section should be taken, the chief executive may—
  2. (a)if the proposed action was to amend the exemption—amend the exemption; or
  3. (b)if the proposed action was to suspend the exemption—suspend the exemption for no longer than the period stated in the notice under section 153C or 153D; or
  4. (c)if the proposed action was to cancel the exemption—
  5. (i)amend the exemption; or
  6. (ii)suspend the exemption for a period, including, if the grounds for taking action are capable of being remedied by the holder or any member of the class for the exemption, on the condition that—
  7. (A)the grounds must be remedied to the chief executive’s reasonable satisfaction within a reasonable time before the suspension period ends; and
  8. (B)the chief executive may cancel the exemption under section 153H if the grounds are not remedied as mentioned in subsubparagraph (A); or
  9. (iii)cancel the exemption.
  10. (2)The chief executive must give written notice of the chief executive’s decision to the holder.
  11. (3)If the chief executive decides to amend, suspend or cancel the exemption, the notice must state—
  12. (a)the reasons for the decision; and
  13. (b)if the exemption is suspended on the condition mentioned in subsection (1)(c)(ii)—the exemption may be cancelled under section 153H if the holder fails to comply with the condition; and
  14. (c)the prescribed review information for the decision.
  15. (4)The decision takes effect on the later of the following—
  16. (a)the day the notice is given to the holder;
  17. (b)the day stated in the notice.

153FProvisions not applying to beneficial or clerical amendment#

  1. (1)Sections 153C, 153D or 153E do not apply—
  2. (a)if the chief executive proposes to amend an exemption only—
  3. (i)for a formal or clerical reason; or
  4. (ii)in another way that does not adversely affect the interests of any person; or
  5. (b)if the chief executive proposes to amend an exemption in another way or cancel it and the holder asked the chief executive to make the amendment or to cancel the exemption.
  6. (2)The chief executive may amend an exemption in a way mentioned in subsection (1) by written notice to the holder.

153GImmediate suspension in the public interest#

  1. (1)Despite sections 153C and 153D, this section applies if the chief executive considers it is necessary in the public interest to immediately suspend an exemption.
  2. (2)The chief executive may, by written notice to the holder, immediately suspend the exemption until the earlier of the following—
  3. (a)a notice is given to the holder under section 153E(2) after complying with section 153C or 153D;
  4. (b)the end of 56 days after the day the notice under this section is given to the holder.
  5. (3)If the chief executive immediately suspends the exemption, the notice must state—
  6. (a)the reasons for the decision; and
  7. (b)the prescribed review information for the decision.
  8. (4)If the chief executive suspends a class exemption, the chief executive must give notice of the suspension in the gazette.

153HCancelling suspended exemption for failing to take remedial action#

  1. (1)This section applies if the chief executive—
  2. (a)suspends an exemption on the condition mentioned in section 153E(1)(c)(ii); and
  3. (b)reasonably believes the condition has not been complied with.
  4. (2)The chief executive may by written notice given to the holder cancel the exemption.
  5. (3)The notice must state—
  6. (a)the reasons for the chief executive’s belief; and the prescribed review information for the decision.
  1. (4)The cancellation takes effect on the later of the following—
  2. (a)the day the notice is given to the holder;
  3. (b)the day stated in the notice.
Source: TORUM Act 1995 · pages 407–415 Open PDF at this page Search this document