Health and Safety at Work (Hazardous Substances) Regulations 2017

6.23 Compliance certifier may issue compliance certificate


A compliance certifier may issue a compliance certificate to a person who is required to obtain a compliance certificate in respect of any relevant requirement if the certifier is, on the basis of any inquiry, inspection, assessment, examination, or other consideration, satisfied that the requirement has been met.


If a compliance certifier considers that a relevant requirement has not been met, the certifier must—


refuse to issue a compliance certificate; and


notify the applicant in writing of the refusal and the reasons for the refusal; and


notify WorkSafe of the refusal and the reasons for the refusal.


Despite subclause (2), the compliance certifier may issue a certificate if satisfied that any potential adverse effect from the relevant requirement not being met—


has been satisfactorily avoided; or


in the case of a hazardous substance location, can be satisfactorily avoided by issuing a conditional compliance certificate under regulation 6.24.