Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) For the purposes
of section 103B(1) of the Act, the Minister may declare that a provision
of these regulations or the Vehicle Standards does not apply to a person or
vehicle if —
(a)
complying with the provision would prevent the vehicle from operating in the
way in which, or for the purpose for which, the vehicle was built or modified;
(b) the
vehicle is an experimental vehicle, a prototype, or another vehicle, that
could not reasonably be expected to comply with the provision; or
(c)
before the provision commenced —
(i)
the vehicle was registered, or otherwise authorised, by
the Director General or a corresponding authority, to be driven or towed on a
road; and
(ii)
was not required to comply with a similar provision
before that commencement.
(2) A Ministerial
exemption may be expressed to apply to a single person or vehicle, or to all
persons or vehicles of a kind specified in the exemption.
(3) The Minister may
grant a Ministerial exemption on his or her own initiative or on
receiving an application under subregulation (6).
(4) When deciding
whether to give a Ministerial exemption, the Minister must take into account
the likelihood and significance of any adverse effect on safety or the
environment if the exemption were given.
(5) A person or
vehicle specified in a Ministerial exemption is exempt from the provision of
these regulations or the Vehicle Standards specified in the exemption while
the exemption is in force.
(6) A person may apply
for a Ministerial exemption by lodging with the Director General an
application in a form approved by the Director General.