17Minister may exempt conduct in relation to low aromatic fuel areas and fuel control areas

17 Minister may exempt conduct in relation to low aromatic fuel areas and fuel control areas

(1) The Minister may, by written instrument, exempt specified conduct in, or in relation to, a low aromatic fuel area or a fuel control area for the purposes of subsection 8(4), 10(2) or 12(2), but only if the Minister is satisfied that: (a) there are special circumstances justifying the exemption; and (b) either: (i) if the exemption is for the purposes of subsection 8(4), 10(2) or 12(2)—it is unlikely that the wellbeing of people, including Aboriginal persons and Torres Strait Islanders, will be adversely affected by the exemption; or (ii) if the exemption is for the purposes of subsection 8(4)—the exemption is necessary because of the unavailability, or likely unavailability, of low aromatic fuel. (2) Without limiting subsection (1), the Minister may exempt conduct: (a) by one or more specified corporations or corporations in a specified class; and (b) in, or in relation to, one or more specified areas or areas in a specified class. (3) An exemption under subsection (1) is subject to the conditions specified in the exemption.

Note 1: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.

Note 2: A corporation may commit an offence under Part 2 if the corporation does not comply with a condition of an exemption.

(4) An exemption made under subsection (1) exempting conduct in relation to one or more specified corporations is not a legislative instrument. (5) An exemption made under subsection (1) exempting the following conduct is a legislative instrument: (a) conduct by corporations in a specified class; (b) conduct in, or in relation to, one or more specified areas or areas in a specified class.