179Exemption from compliance with standards

179 Exemption from compliance with standards

179 Exemption from compliance with standards

(1) The regulator may, unconditionally or subject to conditions, exempt a person, or class of persons, from a provision of this Regulation that requires compliance with an international or Australian standard, if the regulator is satisfied—

(a) the person or class of persons sufficiently demonstrates the way in which an outcome identified in the relevant standard may be achieved, even if the outcome is achieved in a way that is different to the way set out in the standard, and

(b) the exemption will result in a level of risk that is at least equivalent to or less than the level of risk that would be achieved by compliance with the relevant standard.

(2) The exemption may be granted on the regulator’s own initiative or the written application of a person.

(3) The WHS Regulations, Part 11.2, Division 4 applies to an exemption granted under this section in the same way it applies to an exemption granted under the WHS Regulations, clause 684.