Victorian Numbered Regulations Victorian Numbered Regulations(1) The Authority may exempt the following from any requirement of, or prohibition in, these Regulations—
(a) specific prescribed equipment or a class of prescribed equipment;
(b) any person or class of persons.
(2) The Authority may grant an exemption on—
(a) its own initiative; or
(b) the written application of any person.
(3) The Authority may grant an exemption under—
(a) subregulation (1)(a) if the Authority is satisfied that the risk associated with the prescribed equipment is not significant; or
(b) subregulation (1)(b) if the Authority is satisfied that the person can demonstrate that the person is capable of achieving an equivalent level of health and safety in relation to the design of the prescribed equipment or the prescribed equipment under the person's control or management that would be achieved if the person had complied with these Regulations.
(4) The Authority may impose conditions on an exemption in relation to—
(a) the commencement date and duration of the exemption; and
(b) any systems of work or processes to be used or implemented by the applicant for the exemption; and
(c) any monitoring or recording of health and safety information associated with the prescribed equipment exempted; and
(d) any monitoring or recording of systems of work or processes used by the person exempted; and
(e) a requirement for the applicant to give notice of the application and conditions of the exemption to any specified person who may be affected.
(5) If, in response to an application under subregulation (2)(b), the Authority—
(a) grants an exemption, the Authority must give a copy of the exemption to the applicant within 14 days of the Authority's decision to grant the exemption; or
(b) refuses to grant an exemption, the Authority must notify the applicant in writing of the reasons for the refusal within 14 days of the Authority's decision to refuse to grant the exemption.
(6) The Authority, by written notice given to the applicant, may at any time vary or revoke an exemption.
(7) A notice under subregulation (6) must—
(a) be provided to the applicant within 14 days of the Authority's decision to vary or revoke the exemption; and
(b) include the reasons for the Authority's decision to vary or revoke the exemption.
(8) A variation or revocation of an exemption under subregulation (6) takes effect—
(a) on the day on which the person to whom the exemption applies is given written notice of the variation or revocation; or
(b) on the day specified in the written notice, which must be a date later than the date on which the person to whom the exemption applies receives the notice.
(9) The Authority may charge a fee of 46·2 fee units for the consideration of an application for exemption under this regulation.
(10) The Authority must not grant an exemption to a person unless the person has paid the fee set out in subregulation (9).