Commentary on Sections Section 57 – Determining an application
92.This section makes provision about the determination of any application to the Commissioner under section 54 or any application that the Commissioner does not refuse to accept under section 55. The onus is placed on P to show that the requirement for P to comply with the standard (wholly or in a particular respect) is unreasonable or disproportionate.
93.If the Commissioner determines in favour of P’s application the Commissioner must either (a) revoke the compliance notice (b) revoke the compliance notice and give a new compliance notice or (c) vary the existing compliance notice.