33Compliance audits

33 Compliance audits

(1) This section applies if the Secretary has reasonable grounds to suspect that an entity has contravened, is contravening, or is proposing to contravene, section 7 (minimum stockholding obligation). (2) The Secretary may, by written notice given to the entity, require the entity to: (a) appoint as an audit team leader: (i) a registered greenhouse and energy auditor of its choice; or (ii) if the Secretary specifies a registered greenhouse and energy auditor in the notice—that auditor; or (iii) if the Secretary specifies more than one registered greenhouse and energy auditor in the notice—any one of those auditors; and (b) arrange for the audit team leader to carry out an audit on one or more aspects of the entity’s compliance with section 7; and (c) arrange for the audit team leader to give the entity a written report setting out the results of the audit; and (d) give the Secretary a copy of the audit report on or before the day specified in the notice. (3) The notice must specify the: (a) type of audit to be carried out; and (b) matters to be covered by the audit; and (c) form of the audit report and the kinds of details it is to contain. (4) An affected entity in relation to an audit must provide the audit team leader and any audit team members with all reasonable facilities and assistance necessary for the effective exercise of the audit team leader’s duties under this Division or rules made for the purposes of this Division.

Civil penalty: 250 penalty units.

(5) If the Secretary gives an entity written notice under subsection (2), the entity must comply with the requirements of the notice.

Note: Under section 93 of the Regulatory Powers Act, an entity may be liable for an additional civil penalty for each day, after the day mentioned in paragraph (2)(d) of this section, for which the entity fails to provide an audit report in accordance with this section.

Civil penalty: 1,000 penalty units.