DISCRIMINATION ACT 1991 - SECT 109 Grant of exemptions

DISCRIMINATION ACT 1991 - SECT 109

    (1)     The HRC may, on written application, exempt the applicant from the operation of a specified provision of part 3, part 5 or part 7.

    (2)     The HRC may, on a written application made—

        (a)     by a person to whom an exemption has been granted; and

        (b)     before expiry of that exemption;

further exempt the applicant from the operation of the provision concerned.

    (3)     In the exercise of a power under subsection (1) or subsection (2), the matters to which the HRC must have regard include the following matters:

        (a)     the need to promote an acceptance of, and compliance with, this Act;

        (b)     the desirability, if relevant, of certain discriminatory actions being permitted for the purpose of redressing the effects of past discrimination.

    (4)     An exemption or further exemption—

        (a)     is a notifiable instrument; and

        (b)     is subject to the conditions (if any) specified in the notice; and

        (c)     has effect according to its terms for the period not longer than 3 years specified in the notice.

Note     A notifiable instrument must be notified under the Legislation Act

.

    (5)     If the HRC refuses to grant an exemption or a further exemption, the HRC must give the applicant or each applicant written notice of the refusal.

    (6)     A notice mentioned in subsection (4) or (5) is a reviewable decision notice.