OZONE PROTECTION ACT 1989 No. 7, 1989 - SECT 40 Exemptions

OZONE PROTECTION ACT 1989 No. 7, 1989 - SECT 40

40. (1) A person may apply to the Minister for an exemption from compliance
with an obligation imposed by Schedule 4, or by regulations made for the
purposes of section 39, in relation to a product, being an obligation in
respect of which an exemption granted under this section would exempt a person
from compliance.

(2) An application shall be in the prescribed form.

(3) The Minister may grant to the applicant an exemption from compliance with
an obligation imposed by Schedule 4, or by regulations made under section  39
, in relation to a product if the Minister is satisfied:

   (a)  that:

        (i)    the product is essential for medical, veterinary, defence,
               industrial safety or public safety purposes; and

        (ii)   no practical alternative exists to the use of
               scheduled substances in the operation or manufacture, as the
               case requires, of the product if it is to continue to be
               effective for such a purpose;

   (b)  that, because of the requirements of a law concerning the manufacture
        or use of the product, there is no practical alternative to the use of
        scheduled substances in the operation or manufacture, as the case
        requires, of the product; or

   (c)  the product is for use in conjunction with the calibration of
        scientific, measuring or safety equipment.

(4) An application for an exemption from compliance with an obligation
referred to in subsection (1) may be made, and such an exemption may be
granted, before, on or after the day on which the obligation (but for any
exemption granted under this section) takes effect.

(5) The grant of an exemption shall be by notice in writing given to the
applicant.

(6) The notice shall specify the period during which the exemption is to
remain in force.

(7) The Minister shall:

   (a)  cause a copy of the notice to be published in the Gazette as soon as
        practicable after it is given to the applicant; and

   (b)  cause a copy of the notice to be laid before each House of the
        Parliament within 15 sitting days of that House after the day on which
        a copy of the notice is so published.

(8) An application for an exemption is refused by giving to the applicant
written notice of the refusal and of the reasons for the refusal.