Document ID: chunk:federal_register_of_legislation:C2012A00108:clause:2_43a
Version: federal_register_of_legislation:C2012A00108
Segment Type: clause
Provision Reference: sch 2 cl 43A
Character Range: 19621–21468

43A  Compliance audits
 (1) This section applies if the Regulator:
 (a) suspects, on reasonable grounds, that a person has engaged, is engaging or is proposing to engage in conduct that constituted, constitutes or would constitute:
 (i) an offence against this Act; or
 (ii) a contravention of a civil penalty provision; and
 (b) is satisfied that it would be in the public interest to give the person a notice under this section.
 (2) The Regulator may, by written notice given to the person, require the person:
 (a) to undertake, or arrange for another person to undertake, an audit of whichever of the following is specified in the notice:
 (i) the person's compliance with this Act;
 (ii) one or more specified aspects of the person's compliance with this Act; and
 (b) to give the Regulator a written report setting out the results of the audit.
 (3) The notice must specify:
 (a) if the notice requires the person to arrange another person to undertake the audit—requirements relating to the qualifications and independence of the other person; and
 (b) the matters to be covered by the audit; and
 (c) the period within which the audit must be undertaken; and
 (d) the form and content of the report; and
 (e) the period within which the report must be given to the Regulator.
 (4) A person contravenes this subsection if the person is subject to a requirement under subsection (2) and the person fails to comply with the requirement.
 (5) A person commits an offence of strict liability if the person contravenes subsection (4).
Penalty: 30 penalty units.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (6) A person is liable to a civil penalty if the person contravenes subsection (4).
Civil penalty: 30 penalty units.
 (7) A notice under subsection (2) is not a legislative instrument.

Division 3B—Remedial action