(a) a person, on the person’s own
behalf, or on behalf of the person and another person or other people; or
(b)
2 or more people, on their own behalf, or on behalf of themselves and another
person or other people; or
(c) a person or people included in a class of
people on behalf of the people in that class;
may grant an exemption to the
person, people or class of people from the operation of a specified provision
of the Act .
Note—
See also section 174Cin relation to the tribunal’s
powers for deciding the application.
(2) Before deciding an application,
the tribunal must—
(a) give the commissioner a copy of the application and a
copy of the material filed in support of the application; and
(b) have regard
to any submission made by the commissioner on the application, including a
submission on the process for considering the application.
(3) Matters the
commissioner may make a submission on in relation to the process for
considering an application include, but are not limited to, the following—
(a) whether the application should be considered by way of public hearing;
(b) identification of persons who may be affected by a decision to grant the
application;
(c) whether the public should be consulted;
(d) how
consultation with identified persons or the public should be conducted.
(4)
The commissioner must give a copy of a written submission the commissioner
makes on an application to the applicant.
(5) The tribunal may request that
the commissioner—
(a) inquire into an application; and
(b) report to the
tribunal the results of the inquiry and a recommendation about the
application.
(6) An exemption—
(a) may be granted subject to such terms as
the tribunal provides; and
(b) may be granted so that it applies only in such
circumstances, or in connection with such activities, as the tribunal
determines; and
(c) is to be granted for a specified period of not more than
5 years.
(7) An exemption under subsection (1) may be renewed for further
periods of not more than 5 years, on application by the person or people to
whom, or in respect of whom, the exemption was granted.
