92BCommission may grant authorisations in exceptional circumstances and emergencies

92B Commission may grant authorisations in exceptional circumstances and emergencies

Granting an authorisation in exceptional circumstances and emergencies

(1) Subject to this Division, the Commission may, on an application by a person, grant an authorisation to a person to engage in conduct, specified in the authorisation, to which one or more provisions of Division 1 or 2 of Part IV specified in the authorisation would or might apply.

Note: For an extended meaning of engaging in conduct, see subsection 4(2).

Effect of an authorisation

(2) While the authorisation remains in force, the provisions of Division 1 or 2 of Part IV specified in the authorisation do not apply in relation to the conduct to the extent that it is engaged in by:

(a) the applicant; and

(b) any other person named or referred to in the application as a person who is engaged in, or who is proposed to be engaged in, the conduct; and

(c) any particular persons or classes of persons, as specified in the authorisation, who become engaged in the conduct.

Conditions

(3) The Commission may specify conditions in the authorisation. Subsection (2) does not apply if any of the conditions are not complied with.

(4) Without limiting subsection (3), a condition may include a requirement to obtain the approval of the Commission before engaging in certain conduct.

Single authorisation may deal with several types of conduct

(5) The Commission may grant a single authorisation for all the conduct specified in an application for authorisation, or may grant separate authorisations for any of the conduct.

Past conduct

(6) The Commission may grant an authorisation for conduct engaged in before the Commission decided the application.

Withdrawing an application

(7) An applicant for an authorisation may at any time, by writing to the Commission, withdraw the application.