Document ID: chunk:federal_register_of_legislation:C2008C00330:clause:1_118pa:p1
Version: federal_register_of_legislation:C2008C00330
Segment Type: clause
Provision Reference: sch 1 cl 118PA (pt 1/2)
Character Range: 170239–173009

118PA  External audits

Scope

 (1) This section applies if:
 (a) an access undertaking is in force in relation to a digital radio multiplex transmitter licence; and
 (b) a person is:
 (i) the licensee of the licence; or
 (ii) a person authorised by the licensee to operate a multiplex transmitter under the licence; and
 (c) the ACCC has reasonable grounds to suspect that the person has breached, is breaching, or is proposing to breach:
 (i) the access undertaking; or
 (ii) any of the standard access obligations (if any) that are applicable to the licence; or
 (iii) any of the excess‑capacity access obligations (if any) that are applicable to the licence; or
 (iv) any of the distributed‑capacity access obligations (if any) that are applicable to the licence; or
 (v) the obligations that are applicable to the licence under section 118NP.

Requirement

 (2) The ACCC may, by written notice given to the person, require the person to:
 (a) appoint an external auditor; and
 (b) arrange for the external auditor to carry out an external audit of whichever of the following is specified in the notice:
 (i) the person's compliance with the access undertaking; or
 (ii) one or more specified aspects of the person's compliance with the access undertaking; or
 (iii) the person's compliance with the standard access obligations (if any) that are applicable to the licence; or
 (iv) one or more specified aspects of the person's compliance with the standard access obligations (if any) that are applicable to the licence; or
 (v) the person's compliance with the excess‑capacity access obligations (if any) that are applicable to the licence; or
 (vi) one or more specified aspects of the person's compliance with the excess‑capacity access obligations (if any) that are applicable to the licence; or
 (vii) the person's compliance with the distributed‑capacity access obligations (if any) that are applicable to the licence; or
 (viii) one or more specified aspects of the person's compliance with the distributed‑capacity access obligations (if any) that are applicable to the licence; or
 (ix) the person's compliance with the obligations that are applicable to the licence under section 118NP; or
 (x) one or more specified aspects of the person's compliance with the obligations that are applicable to the licence under section 118NP; and
 (c) arrange for the external auditor to give the person a written report (the audit report) setting out the results of the audit; and
 (d) give the ACCC a copy of the audit report within:
 (i) the period specified in the notice; or
 (ii) if the ACCC allows a longer period—that longer period.

 (3) The notice must specify:
 (a) the matters to be covered by the audit; and
 (b) the form of the audit report and the kinds