Document ID: chunk:federal_register_of_legislation:C2024C00514:section:121:p2
Version: federal_register_of_legislation:C2024C00514
Segment Type: section
Provision Reference: s 121 (pt 2/2)
Character Range: 222913–224567

is 5% of the maximum civil penalty that can be imposed in respect of that contravention.
Note: Subsection (7) is a continuing civil penalty provision under section 93 of the Regulatory Powers Act.

Reimbursement
 (9) If:
 (a) the Regulator gives a person a notice under subsection (2); and
 (b) in complying with that notice, the person arranges for an audit team leader to carry out an audit on one or more aspects of the person's compliance with this Act; and
 (c) the person requests the Regulator to reimburse the person for reasonable costs incurred by the person in relation to the carrying out of the audit;
the Regulator may, on behalf of the Commonwealth, reimburse the person for those costs if the Regulator considers it appropriate to do so.
Note: For review of decisions, see Part 20.
 (10) A request under paragraph (9)(c) must:
 (a) be in writing; and
 (b) be in a form approved, in writing, by the Regulator; and
 (c) be accompanied by such information as is specified in the rules; and
 (d) be accompanied by such documents (if any) as are specified in the rules.
 (11) The approved form of request may provide for verification by statutory declaration of statements in requests.
 (12) In deciding under subsection (9) whether to reimburse a person for reasonable costs incurred by the person in relation to the carrying out of an audit, the Regulator must have regard to:
 (a) the report prepared by an audit team leader in accordance with the notice; and
 (b) whether the person would suffer financial hardship if the person were not reimbursed for those costs; and
 (c) such other matters (if any) as the Regulator considers relevant.