National Transport Commission (Model Legislation - Heavy Vehicle Driver Fatigue) Regulations 2007
104Offences relating to auditors
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104 Offences relating to auditors
(1) A person must not falsely represent that he or she is an auditor of a class prescribed by the regulations.
Court‑imposed penalty: $10 000.
(2) A person must not falsely represent that he or she has audited an operator’s BFM or AFM fatigue management system.
Court‑imposed penalty: $10 000.
(3) A person must not falsely represent the opinion of an auditor in relation to an operator’s BFM or AFM fatigue management system.
Court‑imposed penalty: $10 000.
(4) An offence against this section is an offence of strict liability.
Note: In addition to these offences, sections 183 and 184 of the C & E Act may also apply to auditors. These provisions make it an offence to provide false or misleading information to the Authority, an authorised officer or a police officer or for a responsible person to provide false or misleading information to another responsible person. The definition of responsible person includes persons, such as auditors, appointed to have monitoring responsibilities under an accreditation scheme.