80Grant of exemption

80 Grant of exemption (1) A person, or a representative of a class of persons, may apply to the Competent Authority for an exemption from compliance with a provision of the regulations in relation to the transport of particular dangerous goods.

Transport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 55 (2) The Competent Authority may, on its own initiative or on an application made under subsection (1), exempt a person or class of persons from compliance with a provision of the regulations in relation to the transport of particular dangerous goods if satisfied: (a) it is not reasonably practicable for the person or class of persons to comply with the provision; and (b) granting the exemption: (i) would not be likely to create a risk of death or injury to a person, or harm to the environment or to property, greater than that which would be the case if the person or class of persons were required to comply with the provision; and (ii) would not cause unnecessary administrative or enforcement difficulties, particularly in relation to maintaining national uniformity of road and rail transport laws. (3) An exemption may be subject to specified conditions, including a condition that the exemption applies to one or both of the following: (a) the transport of dangerous goods by road; (b) the transport of dangerous goods by rail. (4) If the Competent Authority grants an exemption to a person, it must give a notice to the person, stating the following: (a) the provision of the regulations that is the subject of the exemption; (b) the dangerous goods to which the exemption applies; (c) the geographical area to which the exemption applies; (d) when the exemption is to be in force; (e) any conditions of the exemption. (5) If the Competent Authority grants an exemption to a class of persons, or an exemption that is to remain in force for longer than 6 months, the Competent Authority must: (a) publish a notice in the Government Gazette specifying all the details in subsection (4) and the person or class of persons to which the exemption applies; and

Transport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 56 (b) notify the corresponding authority of each jurisdiction of the details of the exemption. (6) A person operating under an exemption must not engage in conduct that results in a contravention of a condition of the exemption. (a) knows about the exemption and conditions of the exemption; and (b) intentionally engages in conduct that results in a contravention of a condition of the exemption; and (c) is reckless as to whether the conduct would result in a contravention of the condition. Maximum penalty: 60 penalty units (7) If an exemption granted to a person applies to a vehicle or premises, the person must keep a copy of the notice of exemption in the vehicle or at the premises. Maximum penalty: 5 penalty units. (8) An offence against subsection (7) is an offence of strict liability.