For subsection 46 (2) of the Act, the Minister must have regard to the following matters in deciding whether to issue an exemption certificate to a person covering specified conduct:

(a)

whether the conduct is required to deal with an emergency;

(b)

the probability of the conduct causing substantial harm to public health or public safety or causing substantial damage to property;

(c)

the probability of the Commonwealth being exposed to liability, under the Liability Convention or otherwise under international law, for damage caused by the conduct.