Subdiv 4Accreditation audits

Subdivision 4—Accreditation audits 108—Accreditation audits An accreditation audit is an audit that is performed in respect of a person— (a) to determine whether the person is eligible— (i) to hold biosecurity registration; or (ii) to be appointed as a biosecurity auditor; or (iii) to hold accreditation as a biosecurity certifier; or (iv) to hold a permit under this Act; or (b) to assess whether the person is capable of complying, or is reasonably likely to comply, with this Act. 109—Imposition of requirement to perform accreditation audit (1) The Chief Executive may require an accreditation audit to be performed in relation to an application for the grant or renewal of, or variation to, approval to perform any of the functions of an accreditation authority under this Act. (2) A Chief Officer may require an accreditation audit to be performed in relation to an application for the grant or renewal of, or variation to, biosecurity registration under this Act. (3) A Chief Officer may require an accreditation audit to be performed in relation to an application for the grant or renewal of, or variation to, a permit under this Act. (4) An accreditation authority may require an accreditation audit to be performed in relation to the following applications to be determined by an accreditation authority: (a) an application for the grant or renewal of, or a variation to, appointment as a biosecurity auditor; (b) an application for the grant or renewal of, or a variation to, accreditation as a biosecurity certifier. (5) An accreditation authority, other than the Chief Executive, must require an accreditation audit to be performed in relation to an application— (a) if directed to do so by the Chief Executive; or (b) if required to do so under the conditions of its approval as an accreditation authority. (6) If an accreditation audit is required to be performed under this section, the audit target must be notified in accordance with the regulations. 110—Engagement of auditor A designated authority that requires an accreditation audit to be performed may— (a) engage a biosecurity auditor to perform the audit; or (b) direct the audit target to engage a biosecurity auditor to perform the audit and specify requirements relating to— (i) the engagement of the biosecurity auditor; and (ii) the scope of the accreditation audit to be performed. 111—Functions of biosecurity auditors - accreditation audits (1) A biosecurity auditor has the following functions in connection with a biosecurity audit, subject to any limitations specified in the biosecurity auditor's instrument of engagement as a biosecurity auditor: (a) to assess the audit target's suitability for the grant, renewal or variation of the biosecurity registration, approval as an accreditation authority, appointment as a biosecurity auditor, accreditation as a biosecurity certifier, or a permit (as the case requires); (b) to assess whether the audit target has the qualifications, skills, knowledge and experience (if any) required for biosecurity registration, approval as an accreditation authority, appointment as a biosecurity auditor, accreditation as a biosecurity certifier, or a permit (as the case requires); (c) to assess the audit target's compliance with, and capability of complying with, the requirements imposed or proposed to be imposed by or under this Act; (d) to report, to the person who requires the accreditation audit, on the biosecurity auditor's assessment of those matters. (2) A biosecurity auditor has such other functions in connection with a biosecurity audit as are— (a) prescribed by the regulations; or (b) subject to the regulations, conferred on the biosecurity auditor by the biosecurity auditor's instrument of engagement for the accreditation audit. 112—Recovery of fee for accreditation audits (1) If an accreditation audit is carried out by a biosecurity auditor who is an authorised officer, a fee for the performance of the accreditation audit prescribed under this Act or calculated in accordance with a fee notice made under section 306(11) is payable by the audit target in accordance with the regulations (and may be recovered in accordance with the regulations). (2) An audit target is responsible for any fee payable in connection with an accreditation audit performed by a biosecurity auditor who is not an authorised officer (being a fee specified by the biosecurity auditor for the conduct of the audit and recoverable by the biosecurity auditor as a debt). 113—Use of biosecurity audits The person who requires an accreditation audit must have regard to that accreditation audit in performing the person's functions under the Act in relation to the audit target.