Page 1773 - Week 06 - Tuesday, 7 June 2022

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11

Clause 5

Proposed new section 118ZC, new definition of standing exemption

Page 18, line 26—

insert

standing exemption—see section 118ZCA (1).

12

Clause 5

Proposed new section 118ZCA

Page 19, line 2—

insert

118ZCA Standing exemption 

(1) The relevant decision-maker for a Ministerial direction or chief health officer direction may exempt a class of people from complying with a requirement of the direction (a standing exemption).

Note  Power to make a standing exemption includes power to make different provision in relation to different matters or different classes of matters, and to make an exemption that applies differently by reference to stated exceptions or factors (see Legislation Act, s 48).

(2) A standing exemption may be subject to conditions.

(3) A standing exemption may be made on the relevant decision-maker’s own initiative or the request of a person.

(4) In making a standing exemption, the relevant decision-maker must comply with the requirements (if any) of—

(a) for a standing exemption from a Ministerial direction—a Ministerial exemption guideline; or

(b) for a standing exemption from a chief health officer direction—a chief health officer exemption guideline.

(5) A standing exemption is a notifiable instrument.

13

Clause 5

Proposed new section 118ZD (1A)

Page 19, line 6—

insert

(1A) An affected person in relation to a standing exemption may apply to the relevant decision-maker to exempt the person from complying with a condition to which a standing exemption is subject.

14

Clause 5

Proposed new section 118ZD (2) (c)

Page 19, line 10—

after

relevant direction

insert

or standing exemption

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