78Exemptions

78 Exemptions

(1)  [Section 78 Subsection (1) amended by No. 2 of 2012, s. 102, Applied:01 Jan 2013] A person may apply to the regulator to be exempted from this Act in relation to a low-scale restricted activity.

(2)  [Section 78 Subsection (2) amended by No. 2 of 2012, s. 102, Applied:01 Jan 2013] The regulator, by instrument in writing, may grant the exemption applied for if, after consulting the Commissioner of Police, the regulator is satisfied that –

(a) the low-scale restricted activity does not constitute any kind of security risk; and

(b) in the circumstances, it would be unreasonable and onerous for the person to have to be subject to this Act in relation to the low-scale restricted activity.

(3)  [Section 78 Subsection (3) amended by No. 2 of 2012, s. 102, Applied:01 Jan 2013] If the regulator is not so satisfied, the regulator is to –

(a) refuse the application; and

(b) notify the applicant of the refusal and the applicant's right of review.

(4)  An exemption may be granted –

(a) on a permanent or temporary basis; and

(b) [Section 78 Subsection (4) amended by No. 2 of 2012, s. 102, Applied:01 Jan 2013] unconditionally or on such conditions as the regulator specifies in the instrument of exemption.

(5)  If the exemption is granted on conditions, the person exempted must –

(a) comply with those conditions; and

(b) put in place procedures and safeguards to ensure that other persons comply with those conditions.

Penalty:  Fine not exceeding 50 penalty units.

(6)  On granting an exemption, the regulator is to make an appropriate entry in the register.