64Audits of scheme participants

64 Audits of scheme participants

64 Audits of scheme participants

(1) The Scheme Regulator may, at any time—

(a) audit a scheme participant’s compliance with an energy savings scheme, or

(b) require a scheme participant to have an approved auditor audit the participant’s compliance with an energy savings scheme.

(2) An audit may be conducted to—

(a) substantiate information given to the Scheme Regulator, or

(b) determine whether the scheme participant has complied with the Act, the regulations and the scheme rules.

(3) An audit must be conducted in accordance with the directions of the Scheme Regulator.

(4) A scheme participant must, if requested to do so by the Scheme Regulator, give the Scheme Regulator the report of an audit conducted by an approved auditor at the same time as the participant gives the Scheme Regulator the participant’s energy savings statement under the Act, Schedule 4A, clause 26.

(5) A person who is not an approved auditor must not—

(a) make a representation, or cause or allow a representation to be made, that the person is an approved auditor, or

(b) undertake the functions of an approved auditor.

Maximum penalty—

(a) for a corporation—500 penalty units, or

(b) otherwise—100 penalty units.

(6) In this section—

approved auditor means a person—

(a) nominated by the Scheme Regulator, or

(b) chosen by the relevant person from a panel of persons nominated by the Scheme Regulator, or

(c) nominated by the relevant person and approved by the Scheme Regulator.