59Commissioner may grant exemptions

59 Commissioner may grant exemptions (1) A person may apply to the Commissioner for an exemption from this Act in respect of discriminatory conduct that would otherwise contravene this Act. (2) A person to whom an exemption under this section has been granted may, before the expiration of the exemption, apply to the Commissioner for the renewal of the exemption. (3) In considering an application under subsection (1) or (2), the Commissioner may have regard to: (a) the desirability of certain discriminatory conduct being permitted to redress the effect of past discrimination; and (b) any other factor that the Commissioner considers relevant. (4) After considering an application under subsection (1) the Commissioner may grant an exemption from this Act in respect of discriminatory conduct, or may refuse the application. (5) The Commissioner: (a) may grant an exemption under subsection (4), subject to such conditions as the Commissioner thinks fit, for a period of not longer than 3 years; and (b) may revoke an exemption granted under subsection (4) on breach of a condition to which the exemption is subject. (6) After considering an application under subsection (2) the Commissioner may renew the exemption for a further period not longer than 3 years or may refuse to renew the exemption. (7) The Commissioner shall cause a notice of the grant, renewal or revocation of an exemption under this section to be published in the Gazette. (8) A notice under subsection (7) of the grant or renewal of an exemption shall specify: (a) the period for which the exemption is granted or renewed; and (b) the conditions, if any, to which the exemption is subject. Anti-Discrimination Act 1992 42 (9) If the Commissioner refuses to grant or renew an exemption under this section, the Commissioner shall provide to the applicant a written statement of the reasons for the refusal.