64AAudit ordered by Director

64A Audit ordered by Director S. 64A(1) amended by Nos 86/1994 s. 47(zq), 52/1998 s. 99(1), 41/2003 s. 42(1). (1) The Director may at any time during the financial year cause the accounts of trust money of an estate agent to be audited. S. 64A(1A) inserted by No. 41/2003 s. 42(2). (1A) The Director must not engage a person or firm as an auditor for the purposes of subsection (1) if the person or firm is not qualified under section 66 to act as the auditor. S. 64A(2) amended by Nos 86/1994 s. 47(zq), 52/1998 s. 99(1)(2). (2) The auditor shall as soon as he has completed a report of an audit conducted under subsection (1) send it to the Director and the Director shall as soon as he or she receives the report send a copy of it to the estate agent. (3) The powers given to and duties imposed on persons by section 64 (other than subsection (1) or (2) of that section) shall apply to an audit conducted under this section. S. 64A(4) amended by Nos 86/1994 s. 47(zr), 52/1998 s. 99(1), substituted by No. 52/1998 s. 99(3), amended by Nos 41/2003 s. 42(3), 17/2004 s. 7(3). (4) Subject to subsection (5), the costs of an audit conducted under this section shall be paid from the Fund. S. 64A(5) inserted by No. 41/2003 s. 42(4). (5) The Director may recover the costs of an audit from the estate agent if— (a) an auditor in the course of auditing the agent's accounts discovers that the accounts are not kept in a manner that enables them to be properly audited; or (b) any matter discovered in the course of the audit appears to the Director on reasonable grounds to involve dishonesty, or a breach of this Part or any other law, by the agent. S. 64A(6) inserted by No. 41/2003 s. 42(4). (6) An estate agent to whom subsection (5) applies may apply to the Tribunal for a review of the Director's decision to recover the cost of the audit from the agent. S. 64B inserted by No. 10028 s. 37.