7Determination that certain provisions do not apply

7 Determination that certain provisions do not apply

(1) APRA may, in writing, determine that any or all of the following provisions of this Act do not apply to a person while the determination is in force: (a) a provision of Part III (other than a provision of Division 3A of that Part); (b) section 35; (c) section 39; (d) section 41; (e) a provision of Division 3 or 4 of Part IV; (f) section 49Q; (g) section 117; (h) section 118; (i) section 120; (j) section 121. (2) The determination may: (a) be expressed to apply to a particular person or to a class of persons; and (b) specify the period during which the determination is in force; and (c) be made subject to specified conditions. (2A) If APRA makes a determination that applies to a particular person, APRA must also give the person written notice of the determination. (3) APRA may, in writing, vary or revoke a determination under this section. (4) The following instruments made under this section are not legislative instruments: (a) a determination that applies to a particular person; (b) an instrument varying or revoking a determination that applies to a particular person. (5) Otherwise, an instrument made under this section is a legislative instrument. (6) Part VI applies to the following decisions made under this section: (a) a refusal to determine that one or more provisions of this Act do not apply to a particular person; (b) a decision to impose conditions on, or specify a period in, a determination made under this section in relation to a particular person; (c) a decision to vary or revoke a determination made under this section in relation to a particular person.