38National standards and codes of practice

#### 38 National standards and codes of practice (1) The Commission may, by writing, declare national standards and codes of practice relating to occupational health and safety matters. (2) Except as otherwise provided by a law other than this Act or by an award or instrument made under such a law, a national standard or code of practice is an instrument of an advisory character. (3) When the Commission declares a national standard or code of practice, the Commission must publish, in accordance with the regulations, the title and objective of the standard or code and information as to how interested persons may obtain a copy of the terms of the standard or code. (4) Before declaring a national standard or code of practice, the Commission shall, by notice published in accordance with the regulations: (a) set out the title and objective of the proposed standard or code and information as to how interested persons may obtain a copy of the terms of the proposed standard or code; and (b) invite interested persons to make representations in connection with the proposed standard or code of practice by such date as is specified in the notice; and (c) specify an address or addresses to which representations in connection with the proposed standard or code of practice may be forwarded. (5) A person may, not later than the date specified in the notice, make representations to the Commission in connection with the proposed standard or code of practice, and the Commission shall give due consideration to any representations so made and, if the Commission thinks fit, alter the proposed standard or code of practice. (6) The Commission shall, as soon as practicable after declaring a national standard or code of practice, give a copy of the national standard or code of practice to the Minister.