54Reliance on compliance declaration

54 Reliance on compliance declaration

54 Reliance on compliance declaration

(1) A person who carries out approvals work in reliance on a compliance declaration is entitled to assume—

(a) that the declaration has been properly made, and

(b) that all conditions precedent to the issuing of the declaration have been complied with, and

(c) that all things stated in the declaration are true.

(2) The person is not liable for loss or damage arising from a matter about which the compliance declaration has been issued.

(3) It is a defence to an offence if the person shows that the reason the person committed the offence was because the person carried out work in reliance on the compliance declaration.

(4) This section does not apply to protect a person if—

(a) the person failed to take reasonable steps to ensure the compliance declaration was made by a person who was authorised to make the declaration, or

(b) the compliance declaration was made by the person, or

(c) the person knew, or ought reasonably to have known, that—

(i) the declaration had not been properly made, or

(ii) all conditions precedent to the issuing of the declaration had not been complied with, or

(iii) not all things stated in the declaration were true.