21Accredited certification body may grant certificate of compliance for meeting compliance standards

#### 21 Accredited certification body may grant certificate of compliance for meeting compliance standards Certificate of compliance (1) An accredited certification body must, 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 body for a certificate of compliance for those activities; and (b) the body is satisfied the person complies with the compliance standards for those activities. > Note: For compliance standards, see section 23. (2) The body must, as soon as practicable after granting the 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 compliance standards 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 accredited certification body refuses to grant a certificate of compliance for a regulated activity, as requested by a person under this section, the body must, as soon as practicable after refusing the request, give written notice of the refusal to the person. Revocation of certificate (5) An accredited certification body must, in writing, revoke a certificate of compliance granted to a person under this section if the body is satisfied the person ceases to comply with the compliance standards for the regulated activities covered by the certificate. (6) The body 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) An accredited certification body must, in writing, vary a certificate of compliance granted to a person under this section: (a) to exclude a regulated activity, if the body is satisfied the person ceases to comply with the compliance standards 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 body to vary the certificate to include those activities; and (ii) the body is satisfied the person complies with the compliance standards for those activities. (9) The body 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 body refuses to vary a certificate of compliance, as requested by a person, the body 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; (iii) if the accredited certification body that granted the certificate ceases to be accredited—the end of the period of 3 months after the cessation. Notification to Secretary (13) If an accredited certification body grants, refuses to grant, revokes, varies or refuses to vary a certificate of compliance under this section, the body must notify the Secretary, in writing, as soon as practicable of: (a) that fact; and (b) for a decision to refuse to grant or vary, or to revoke or vary, a certificate—the reasons for the decision. Certificate not a legislative instrument (14) A certificate of compliance under subsection (1) is not a legislative instrument.