Victorian Consolidated Regulations

For ease of reference only, definitions (but not other parts of speech and grammatical forms of a word or phrase defined) appear in bold in the text. Section 39 of the Interpretation of Legislation Act 1984 provides that where a word or phrase is given a particular meaning in an Act or subordinate instrument, other parts of speech and grammatical forms of that word or phrase have, unless the contrary intention appears, corresponding meanings. - SECT 202

Exemptions-general

202. Exemptions-general



(1) The Authority may exempt a person, premises, thing or activity or a class
of persons, premises, things or activities from any or all of the provisions
of these Regulations.

(2) The Authority must not grant an exemption in relation to a person or class
of persons unless the Authority is satisfied that-

   (a)  the person or the class of persons is capable of achieving a level of
        health and safety of persons and safety of property that is at least
        equivalent to the level that would be achieved if these Regulations
        were complied with; or

   (b)  the provision which is the subject of the exemption is an
        administrative requirement under these Regulations that is-

   (i)  not directly associated with a risk control measure; and

   (ii) inappropriate or unnecessary in the circumstances.





(3) The Authority must not grant an exemption in relation to any premises,
thing or activity, or class of premises, things or activities unless the
Authority is satisfied that a level of health and safety of persons and safety
of property can be achieved that is at least equivalent to the level that
would be achieved if these Regulations were complied with.

(4) An exemption granted by the Authority under this regulation or under
regulation 203-

   (a)  must be in writing; and

   (b)  may be subject to any conditions specified by the Authority; and

   (c)  must specify-

   (i)  the person or class of persons to whom the exemption has been granted;
        and

   (ii) the premises or class of premises for which the exemption has been
        granted; and

   (iii) the thing or activity or the class of things or activities for which
        the exemption has been granted; and

   (iv) the provision or provisions of these Regulations in relation to which
        the exemption has been granted; and

   (v)  the conditions (if any) to which the exemption is subject.

(5) A person to whom an exemption is granted under this regulation or under
regulation 203 must comply with each condition to which the exemption is
subject.