151Application for special circumstances exemption

151 Application for special circumstances exemption

(1) A relevant authority may, on application, grant a written exemption (a special circumstances exemption), entitling the person to the privileges of the holder of one or more of the following: (a) a refrigerant handling licence; (b) a refrigerant trading authorisation; (c) an RAC equipment manufacturing authorisation; (d) a halon special permit; as specified in the exemption.

Note: Regulation 121 also applies to an application.

(2) The authority may grant the exemption only if the authority is satisfied that: (a) either: (i) special circumstances exist that justify the grant of the exemption; or (ii) the activities proposed to be covered by the exemption are to be undertaken by the Australian Defence Force or a military of a foreign country acting in cooperation with the Australian Defence Force; and (b) it is inappropriate or impracticable for the applicant to obtain the required licences, authorisations or permits related to the activities to which the application relates; and (c) if the application relates to an exemption from holding a refrigerant trading authorisation or an RAC equipment manufacturing authorisation—the applicant has business premises that are equipped and operating so as to be able to handle, and prevent avoidable emissions of, a refrigerant; and (d) if the applicant is an individual—the individual has suitable qualifications or experience to competently carry out the activities to be covered by the exemption; and (e) if the applicant is a person other than an individual—the person has: (i) suitably qualified or experienced employees or contractors to competently carry out the activities to be covered by the exemption; and (ii) suitable equipment to carry out the activities to be covered by the exemption. (3) If the authority decides to grant the exemption, the exemption must: (a) be in writing; and (b) specify the following: (i) the activities that are covered by the exemption; (ii) the licences, authorisations or permits in relation to which the exemption is being granted; (iii) the period for which the exemption is in force; (iv) if any conditions are imposed on the exemption under regulation 152—the conditions; (v) if the exemption is granted to a person other than an individual—the relevant qualifications or experience that an employee or contractor of the person must have to carry out the activities covered by the exemption.

Note: Regulation 122A deals with the maximum period that a special circumstances exemption can be in force.

(4) If the authority decides to grant the exemption, it must, as soon as practicable, give the applicant a copy of the exemption.