Document ID: chunk:federal_register_of_legislation:C2024C00453:section:34
Version: federal_register_of_legislation:C2024C00453
Segment Type: section
Provision Reference: s 34
Character Range: 53779–55533

34  Auditors
 (1) The Secretary may, by written instrument, appoint any of the following persons as an auditor:
 (a) an APS employee;
 (b) a member of the civil or public service of a State or Territory;
 (c) a person engaged by the Commonwealth as an auditor under contract or otherwise.
 (2) The Secretary may only appoint a person as an auditor if the Secretary is satisfied that the person has the skills and experience necessary to perform the functions described in subsection (3).
 (3) The functions of an auditor are to:
 (a) conduct audits of:
 (i) energy efficiency ratings and lighting energy efficiency assessments worked out or performed by accredited assessors for the purposes of applying for building energy efficiency certificates; and
 (ii) such ratings and assessments provided or approved by auditing authorities; and
 (iii) applications for exemptions under section 17; and
 (iv) the documentation and record keeping of accredited assessors and other persons in relation to such ratings, assessments and applications; and
 (b) supervise ratings and assessments by accredited assessors to ensure that:
 (i) the assessment methods and standards determined under section 21 are properly applied; and
 (ii) the ratings and assessments are properly documented; and
 (iii) the records of ratings and assessments are properly kept.
 (3A) Without limiting subsection (3), an auditor may conduct an audit of a rating, assessment or application by doing no more than reviewing documents relating to the assessment, rating or application.
 (4) An auditor must perform his or her functions in accordance with any directions given by an auditing authority.
 (5) If a direction is given in writing, the direction is not a legislative instrument.