45Exemption for individual reporting entity from reporting requirements

45 Exemption for individual reporting entity from reporting requirements

(1) A reporting entity may apply to the Head, Recycling Victoria for an exemption—

(a) in the case of a regular reporting entity, from any or all of the mandatory reporting requirements under section 38; or

(b) in the case of an occasional reporting entity, from—

(i) any or all of the requirements to collect and retain prescribed information under section 40; or

(ii) a direction to give information to the Head, Recycling Victoria under section 41.

(2) An application under subsection (1)—

(a) in the case of an exemption from—

(i) any requirement under section 38 or a direction under section 41, must be made no later than 10 business days before the information is required; or

(ii) any requirements under section 40, may be made at any time; and

(b) must be in the prescribed form; and

(c) must include the prescribed information; and

(d) must be accompanied by any prescribed fee.

(3) Despite subsection (2)(a)(i), the Head, Recycling Victoria may grant a reporting entity an extension of time to make an application for an exemption on the written request of the reporting entity if the Head, Recycling Victoria considers it reasonable in the circumstances.

(4) A request under subsection (3) must—

(a) be made before the information under section 38 or 41 is required; and

(b) explain why the reporting entity is seeking an extension of time to apply for an exemption.

(5) On receiving an application under subsection (1), the Head, Recycling Victoria may, by written notice—

(a) grant a reporting entity an exemption from any or all of the requirements—

(i) under section 38 or 40; or

(ii) of a direction under section 41; or

(b) refuse to grant an exemption.

(6) Before granting or refusing to grant an exemption under subsection (5), the Head, Recycling Victoria must consider the application and the prescribed criteria.

(7) An exemption granted under subsection (5)(a)—

(a) may be subject to any conditions the Head, Recycling Victoria considers appropriate, specified in the exemption; and

(b) may be for a limited time as specified in the exemption; and

(c) may differ from the exemption applied for by the entity including with respect to scope, circumstance or duration.

(8) An exemption given under this section takes effect from the day, and for the period, specified in the exemption.