Certification by qualified persons
93 Certification by qualified persons
A council or the Minister may be satisfied that—
a particular design, material, process or product complies with a criterion for approval, or
an activity has been carried out in compliance with an approval,
by relying on a certificate to that effect from an appropriately qualified person.
A certificate relating to a particular design, material, process or product must specify the particular criterion with which the design, material, process or product complies.
The council or the Minister must rely on such a certificate if it is from an appropriately qualified person and is furnished by a public authority.
Note.
Sections 92 and 93 specify circumstances in which a council does not have to form an independent judgment about some aspect of an activity for which approval is being sought, but may rely on an accreditation or certification of a competent person.
A component, process or design relating to an activity may be accredited in accordance with the procedure set out in Division 5 of this Part.
Section 732 exempts a council, councillor or employee of a council from liability that would otherwise be incurred as a consequence of relying on an accreditation or certification.
This Act’s bill:Explanatory memorandumSecond reading speech
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