168DDirector may grant exemptions

1. The Director may, if the Director thinks it appropriate,—

2. exempt 1 or more named or specified persons, vehicles, vehicle components, rail vehicles, land transport-related services, or other things from 1 or more specified requirements in a regulation or rule made under this Part; or
3. exempt any class of person, vehicle, vehicle component, rail vehicle, land transport-related service, or other thing from 1 or more specified requirements in a regulation or rule made under this Part.

4. The power under subsection (1)—

5. must not be used to provide an exemption from a requirement of a rule if the relevant rule specifically provides that no exemptions from the requirement may be granted; and
6. may be used to allow an exemption from the requirement of a regulation only if the regulations specify under section 167(1)(mba) that this section and section 168E apply to that requirement.

7. The Director must not grant an exemption unless satisfied that—

8. the exemption is no broader than is reasonably necessary to address the matters that gave rise to the proposed exemption; and
9. it is appropriate to grant the exemption considering—
   1. the Agency’s objective in section 94 of the Land Transport Management Act 2003; and
   2. the need to maintain or improve land transport safety; and
   3. whether the exemption supports the response to an emergency or other event; and
   4. any other matter that the Director considers appropriate in the circumstances.

10. This section does not limit or affect any other power of exemption conferred on any person under this Act or any other land transport Act.

11. The Director must notify the number and nature of exemptions granted under subsection (1)(a) in the Gazette at intervals not longer than 3 months.

12. A class exemption is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).