24DOther exemptions

24D Other exemptions

24D Other exemptions

(1) A person may apply to the regulatory authority for an exemption from a provision of this Act or the regulations.

(2) An application for an exemption must be—

(a) in writing, and

(b) accompanied by the fee determined by the regulatory authority.

(3) The regulatory authority may, when considering an application for an exemption, consult the persons or bodies the regulatory authority considers appropriate.

(4) The regulatory authority may, by written notice to the person who applied for the exemption—

(a) approve the application and grant the exemption with or without conditions, or

(b) refuse the application.

(5) The regulatory authority must refuse an application if the regulatory authority is not satisfied—

(a) the applicant is capable of achieving at least an equivalent level of safety and security as would be achieved by complying with the relevant provision, or

(b) the application of the provision to the applicant is inappropriate or unnecessary in the circumstances.

(6) An exemption applies for—

(a) the period, not longer than 5 years, specified in the written notice, or

(b) if no period is specified—5 years from the date of the written notice.

s 24D: Ins 2023 No 23, Sch 1[24].