Dangerous Substances Act 2004
51Power to ask for information from applicants, licensees
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51 Power to ask for information from applicants, licensees and others designated matter means— (a) an application for a licence; or (b) an application by a licensee to amend the licence; or (c) a change of the kind to which section 57 (2) (Licensee to keep work health and safety commissioner informed) applies; or (d) anything else prescribed by regulation. third party, for an applicant for a licence or a licensee—a person is a third party if the work health and safety commissioner believes on reasonable grounds that the person has an association or connection with the applicant or licensee that is relevant to the consideration of a designated matter. (2) The work health and safety commissioner may, by written notice given to an applicant for a licence or a licensee, ask the person to do 1 or more of the following: (a) give, in accordance with any directions in the notice, stated information (including information in the possession of or under the control of a third party), verified as stated in the notice, that is relevant to the consideration of the designated matter in relation to the person;
(b) produce, in accordance with any directions in the notice, stated documents (including documents in the possession of or under the control of a third party) relevant to the consideration of the designated matter in relation to the person and allow examination of the documents, the taking of extracts from them and the making of copies of them; (c) authorise a third party stated in the notice to comply with a stated request of a kind mentioned in paragraph (a) or (b); (d) give the work health and safety commissioner the authorities and consents that the work health and safety commissioner asks for to allow the work health and safety commissioner to obtain from other people information (including financial and other confidential information) that is— (i) about the person or a close associate of the person; and (ii) relevant to the consideration of the designated matter in relation to the person. 1 the notice may ask the person to give information by preparing a document in a stated way or by completing a document provided by the work health and 2 the notice may ask the person to give the work health and safety commissioner information about a close associate and that the information be verified by a signed statement Example for par (b) a statement supplied by a police officer about the applicant’s criminal history (if any) Example for par (c) The notice may ask the applicant to authorise the applicant’s accountant, or a former close associate, to give the work health and safety commissioner stated information or documents about the applicant.
(3) If the work health and safety commissioner asks for something under this section in relation to an application, the work health and safety commissioner need not decide the application until the request is complied with.
Part 4.2 Issue, amendment, replacement and surrender of licences