23Power of the Head, Recycling Victoria to exempt

23 Power of the Head, Recycling Victoria to exempt

(1) The Head, Recycling Victoria, by written notice, may exempt a person or class of person from any provision of the regulations made under this Act or of a service standard.

(2) An exemption under subsection (1)—

(a) may be given either unconditionally or on specified conditions; or

(b) may be limited to specified circumstances.

(3) The Head, Recycling Victoria may give an exemption under subsection (1)—

(b) on the application of the person seeking to be exempted.

(4) The Head, Recycling Victoria must not give an exemption under subsection (1) unless the Head, Recycling Victoria is satisfied that—

(a) the exemption will not pose a serious risk of failure of, or disruption to, waste, recycling or resource recovery services; and

(b) it is not practicable for the person or class of person to comply with the relevant provision; and

(c) the exemption is necessary to enable the efficient administration of the relevant provision.

(5) An exemption given under subsection (1) takes effect—

(a) on the date on which it is given; or

(b) if a later date is specified in the exemption, that date.

(6) An exemption given under subsection (1) remains in effect until—

(a) the date specified in the exemption; or

(b) it is revoked.