Western Australian Current Acts

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23 .         Commissioner may exempt from requirement of section 22

        (1)         A provision in Schedule 1 does not apply to an incorporated association to the extent that the Commissioner in writing exempts it from that provision.

        (2)         The Commissioner may at any time revoke or amend an exemption.

        (3)         An exemption has effect subject to compliance with any condition that the Commissioner attaches to it.

        (4)         An application for an exemption may be lodged —

            (a)         on behalf of an association as part of an application under section 7; or

            (b)         by an incorporated association.

        (5)         The Commissioner is only to grant an exemption in respect of a provision if satisfied —

            (a)         that the special circumstances of the association justify the exemption; and

            (b)         that the exemption will not affect the objects or purposes of the association; and

            (c)         that the application of the provision to the association would cause undue hardship to its members; and

            (d)         as to any other prescribed matter.

        (6)         The Commissioner must give written notice of a decision under this section to the association, and allow the association a reasonable time to comply with the provision concerned as affected by the decision.

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