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Section : 26WQ Exception-declaration by Commissioner
Domain : Human Resource Management
Classification : Not Identified
Text Content
Compilation date: 11/12/2024
- (2) The Commissioner's power in paragraph (1)(d) may only be used to extend the time for compliance with subsection 26WL(2) to the end of a period that the Commissioner is satisfied is reasonable in the circumstances.
- (3) The Commissioner must not make a declaration under subsection (1) unless the Commissioner is satisfied that it is reasonable in the circumstances to do so, having regard to the following:
- (a) the public interest;
- (b) any relevant advice given to the Commissioner by:
- (i) an enforcement body; or
- (ii) the Australian Signals Directorate;
- (c) such other matters (if any) as the Commissioner considers relevant.
- (4) Paragraph (3)(b) does not limit the advice to which the Commissioner may have regard.
- (5) The Commissioner may give a notice of a declaration to an entity under subsection (1):
- (a) on the Commissioner's own initiative; or
- (b) on application made to the Commissioner by the entity.