Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

DISABILITY SERVICES AND INCLUSION ACT 2023 - SECT 22

Secretary may grant certificate of compliance for meeting alternative compliance requirements

Certificate of compliance

  (1)   The Secretary may, in writing, grant a person a certificate of compliance for one or more regulated activities if:

  (a)   the person has made a request, in writing, to the Secretary for a certificate of compliance for those activities; and

  (b)   the Secretary is satisfied the person complies with the alternative compliance requirements for those activities.

Note:   For alternative compliance requirements, see section   24.

  (2)   The Secretary must, as soon as practicable after granting a certificate to the person, give a copy of the certificate to the person.

  (3)   The certificate must:

  (a)   state that the person complies with the alternative compliance requirements for the regulated activities covered by the certificate; and

  (b)   specify the day on which the certificate ceases to be in force.

  (4)   If the Secretary refuses to grant a certificate of compliance for a regulated activity, as requested by a person under this section, the Secretary must, as soon as practicable after refusing the request, give written notice of the refusal to the person.

Revocation of certificate

  (5)   The Secretary must, in writing, revoke a certificate of compliance granted to a person under this section if the Secretary is satisfied the person ceases to comply with the alternative compliance requirements for the regulated activities covered by the certificate.

  (6)   The Secretary must, as soon as practicable after revoking the certificate, give written notice of the revocation to the person.

  (7)   The notice must specify the day the revocation takes effect, which must be no earlier than the day after the notice is given to the person.

Variation of certificate

  (8)   The Secretary must, in writing, vary a certificate of compliance granted to a person under this section:

  (a)   to exclude a regulated activity, if the Secretary is satisfied the person ceases to comply with the alternative compliance requirements for that activity; or

  (b)   to include one or more additional regulated activities, if:

  (i)   the person has made a request, in writing, to the Secretary to vary the certificate to include those activities; and

  (ii)   the Secretary is satisfied the person complies with the alternative compliance requirements for those activities.

  (9)   The Secretary must, as soon as practicable after varying the certificate granted to the person, give written notice of the variation to the person.

  (10)   The notice must specify the day the variation takes effect, which must be no earlier than the day after the notice is given to the person.

  (11)   If the Secretary refuses to vary a certificate of compliance, as requested by a person, the Secretary must, as soon as practicable after refusing the variation, give written notice of the refusal to the person.

Period certificate is in force

  (12)   A certificate of compliance granted under this section:

  (a)   comes into force on the day the copy of the certificate is given under subsection   (2); and

  (b)   remains in force until the earliest of the following occurs:

  (i)   the day specified under paragraph   (3)(b);

  (ii)   the day a revocation of the certificate takes effect.

Certificate not a legislative instrument

  (13)   A certificate of compliance under subsection   (1) is not a legislative instrument.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback