Document ID: chunk:federal_register_of_legislation:C2021C00527:section:44
Version: federal_register_of_legislation:C2021C00527
Segment Type: section
Provision Reference: s 44
Character Range: 36281–38009

44  Compliance audits
 (1) This section applies if the Minister:
 (a) reasonably suspects that a person has engaged or is engaging in conduct that constitutes:
 (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 Minister 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 Minister 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 Minister.
 (4) A notice under subsection (2) is not a legislative instrument.
 (5) 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.

Strict liability offence
 (6) A person commits an offence of strict liability if the person contravenes subsection (5).
Penalty: 40 penalty units.

Civil penalty provision
 (7) A person is liable to a civil penalty if the person contravenes subsection (5).
Civil penalty: 80 penalty units.