Document ID: chunk:federal_register_of_legislation:C2011A00120:clause:1_219la
Version: federal_register_of_legislation:C2011A00120
Segment Type: clause
Provision Reference: sch 1 cl 219LA
Character Range: 12478–15074

219LA  Occupier to provide audit team with access to records and assistance
 (1) This section applies if a member of an audit team enters premises to carry out an audit.
 (2) The occupier of premises referred to in section 219KA, or another person who apparently represents the occupier, must produce to a member of the audit team, or an authorised officer accompanying the member, any documents, records or things required by the expert of the audit team for the purposes of the audit.
Note 1: This is a civil penalty provision. Part 8C provides for pecuniary penalties for breaches of civil penalty provisions.
Note 2: Section 137.2 of the Criminal Code creates an offence for providing false or misleading documents.
 (3) A person commits an offence if the person contravenes subsection (2).
Penalty: 60 penalty units.
 (4) Subsection (3) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (5) The occupier of premises referred to in section 219KA, or another person who apparently represents the occupier, must provide a member of the audit team, and an authorised officer accompanying the member, with all reasonable facilities and assistance for the effective exercise of powers under section 219KA.
Note: This is a civil penalty provision. Part 8C provides for pecuniary penalties for breaches of civil penalty provisions.
 (6) A person commits an offence if the person contravenes subsection (5).
Penalty: 10 penalty units.
 (7) Subsection (6) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (8) Approved child care services have a responsibility under subsection 196(2A) to cooperate with a member of an audit team and an authorised officer accompanying a member. An approved child care service that does not produce documents, records or things, or provide facilities and assistance, as provided for in subsections (2) and (5) is not complying with the responsibility.
 (9) Operators of approved child care services have a responsibility under subsection 196(2B) to cooperate with a member of an audit team and an authorised officer accompanying a member. An operator of an approved child care service that does not produce documents, records or things, or provide facilities and assistance, as provided for in subsections (2) and (5) is not complying with the responsibility.
 (10) Failure to comply with the responsibility mentioned in subsection (8) or (9) can result in a sanction being imposed under section 200.

Subdivision E—Obligations to provide information and reports