Document ID: chunk:federal_register_of_legislation:F2024C00936:reg:24:p45
Version: federal_register_of_legislation:F2024C00936
Segment Type: reg
Provision Reference: reg 24 (pt 45/52)
Character Range: 156545–159310

to ensure that the auditor is complying with the requirements of the Audit Determination and these Regulations in carrying out Part 6 audits.
 (3) This Subdivision is made for the purposes of paragraph 75A(5)(i) of the Act.

6.39  When inspections may be undertaken
 (1) The inspection may be conducted during or after the completion of a Part 6 audit.
 (2) The inspection may be conducted up to 5 years after the completion of the audit.

6.40  Who may undertake or assist in an inspection
 (1) The Regulator may undertake the inspection or appoint any of the following persons to undertake an inspection:
 (a) an official of the Regulator;
 (b) another registered greenhouse and energy auditor;
 (c) a person, other than a registered greenhouse and energy auditor, who the Regulator is satisfied has the knowledge, skills and experience equivalent to a registered greenhouse and energy auditor.
 (2) The Regulator may appoint a person mentioned in subregulation (1) to assist with an inspection.

6.41  Notice of inspection
 (1) The Regulator must give a written notice to a registered greenhouse and energy auditor of the Regulator's intention to inspect the auditor's performance in carrying out Part 6 audits.
 (2) The notice must specify:
 (a) the reason for the inspection; and
 (b) the scope of the inspection; and
 (c) subject to subregulation (3), the day and time when the inspection will begin; and
 (d) who will be undertaking the inspection; and
 (e) any requirements mentioned in subregulation (4).
 (3) Unless an earlier time has been agreed between the auditor and the Regulator:
 (a) the day must be not less than 28 days after the auditor is given the notice; and
 (b) the time, having regard to all the circumstances, must be reasonable.
 (4) The Regulator may include a requirement in the notice for the auditor to respond to the notice within the period specified in the notice.
 (5) The period specified in the notice must be not less than 21 days from the day the notice is given.

6.42  Inspector to act independently
 (1) A person undertaking an inspection under this Subdivision (the inspector) must act independently in relation to a registered greenhouse and energy auditor (the auditor) whose performance is being inspected under this Subdivision.
 (2) An inspector does not act independently at a particular time if, because of circumstances that exist at that time:
 (a) the inspector is not capable of exercising objective and impartial judgement in relation to the conduct of the inspection; or
 (b) a reasonable person, with full knowledge of all relevant facts and circumstances, would conclude that the inspector is not capable of exercising objective and impartial judgement in relation to the conduct of the inspection.
 (3) A