12Nomination of person as auditor

#### 12 Nomination of person as auditor 12 Nomination of person as auditor > > (1) An audit under clause 11 of a network operator’s safety management system is to be carried out by a person who is nominated by the network operator by written notice given to the Tribunal in accordance with procedures (relevant nomination procedures) notified by the Tribunal to the network operator. > > > (2) The person nominated by a network operator must be a person chosen from a panel of persons approved by the Tribunal or a person otherwise approved by the Tribunal. > > > (3) If the Tribunal has not approved a panel of persons for the purposes of a nomination under this clause or the network operator does not nominate a person in accordance with relevant nomination procedures, an audit under clause 11 of the network operator’s safety management system is to be carried out by a person who is nominated by the Tribunal by written notice given to the network operator. > > > (4) A person is not to be nominated or approved for nomination for the purposes of this clause unless the person is independent of the network operator concerned and competent to carry out an audit of the system in accordance with clause 11. > > > (5) The approval of a panel of persons for the purposes of this clause is to be notified by the Tribunal on the website of the Tribunal. > > > (6) The Tribunal may publish details of the policies and procedures of the Tribunal in connection with the exercise of its functions under this clause. > > **cl 12:** Subst 2015 No 5, Sch 8.9 \[9\].