126Reimbursement for costs in relation to compliance audits

126  Reimbursement for costs in relation to compliance audits

 (a) the Regulator gives a person a notice under subsection 125(2); and

 (b) in complying with that notice, the person arranges for an audit team leader to carry out an audit on one or more aspects of the person’s compliance with the following provisions (the relevant provisions):

 (i) this Act;

 (ii) sections 134.1, 134.2, 135.1, 135.2, 135.4, 136.1, 137.1 and 137.2 of the Criminal Code, in so far as those sections relate to this Act; and

 (c) the audit report does not indicate that there is evidence of non‑compliance by the person with the relevant provisions; and

 (d) the person requests the Regulator to reimburse the person for reasonable costs incurred by the person in relation to the carrying out of the audit;

the Regulator may, on behalf of the Commonwealth, reimburse the person for those costs if the Regulator considers it appropriate to do so.

 (2) A request under paragraph (1)(d) must:

 (3) In deciding under subsection (1) whether to reimburse a person for reasonable costs incurred by the person in relation to the carrying out of an audit, the Regulator must have regard to:

 (a) the report prepared by an audit team leader in accordance with the notice; and

 (b) whether the person would suffer financial hardship if the person were not reimbursed for those costs; and

 (c) such other matters (if any) as the Regulator considers relevant.