105AExemptions concerning participation requirements during public emergency

#### 105A Exemptions concerning participation requirements during public emergency 105A Exemptions concerning participation requirements during public emergency > > (1) The Commissioner may, by written order (an exemption order), grant an exemption to classes of persons from requirements of this Part, including in relation to compliance periods, if satisfied that strict compliance with the requirements would not be feasible or practical because of a public emergency. > > > (2) Without limiting subclause (1), an exemption order may do 1 or both of the following— > > > > > (a) specify conditions for the exemption granted, including conditions requiring compliance with alternative requirements to requirements under this Part (the exempted requirements) for which the exemption is granted, > > > > > (b) limit the application of the exemption granted by reference to specified exceptions, factors or other criteria or to specified periods. > > > (3) A copy of the exemption order must be published on the website of the NSW Police Force. > > > (4) If an exemption order specifies compliance with alternative requirements to exempted requirements, a person to whom the order applies complies with exempted requirements if the person complies with either— > > > > > (a) the exempted requirements, or > > > > > (b) the alternative requirements. > > > > Note. > > > > Clauses 29(a), 31 and 36(1) make it a condition of a licence mentioned in the provision for its holder to comply with applicable requirements of this Part. > > > (5) In this clause— > > > > public emergency includes— > > > > > (a) a public health risk, including a pandemic or other public health risk in relation to which directions are in force under the [Public Health Act 2010](/view/html/inforce/current/act-2010-127), Part 2, and > > > > > (b) an emergency within the meaning of the [State Emergency and Rescue Management Act 1989](/view/html/inforce/current/act-1989-165), including an emergency in relation to which a state of emergency is in force under that Act. > > **cl 105A:** Ins 2021 (648), Sch 1\[3\].