18Applying for exemptions

18 Applying for exemptions

(1) A person (the applicant) may apply to the Competent Authority for an exemption from compliance with a provision of this instrument. (2) An application for an exemption must: (a) be in writing; and (b) state the applicant’s name and address; and (c) specify the provision, or each provision, of this instrument, and, if applicable, of the AE Code, to which the application relates; and (d) state whether the exemption is to apply only to a specified person or to every person included in a class of persons who might otherwise be bound to comply with the provision or provisions; and (e) specify the Commonwealth explosives to which the application relates; and (f) state the reasons why the applicant thinks that the exemption is necessary; and (g) set out details of how the applicant proposes to ensure that the explosives will be handled in a way that: (i) reduces as far as practicable the risks of personal injury, property damage and environmental harm arising from the transport of Commonwealth explosives by road or rail, and the risk of that transport endangering public safety; and (ii) ensures the security of the explosives; and (h) if the application relates to a vehicle, equipment, packaging or other thing—describe the thing; and (i) state the period for which the exemption is sought; and (j) state the geographical area within which the exemption is to apply. (3) If the Competent Authority reasonably needs more information or another document to allow the Competent Authority to consider the application, the Competent Authority may, in writing, request the applicant to give the Competent Authority the information, the document or a copy of the document, specified in the request. (4) If the Competent Authority asks for information or a document under subsection (3), the Competent Authority may choose to not consider the application further until the applicant gives to the Competent Authority the information, the document or a copy.