64Compliance auditing

64 Compliance auditing

64 Compliance auditing

(1) TfNSW may audit compliance with the mandatory standards.

(2) For the purpose of an audit, TfNSW may give a written direction to a carrier, stevedore or stevedore service provider—

(a) to provide TfNSW with specified information relating to the practices and procedures of the carrier, stevedore or stevedore service provider in connection with any matter dealt with in the mandatory standards, and

(b) to produce for inspection by TfNSW or an authorised officer of TfNSW specified records, including financial and operational records, relating to any matter dealt with in the mandatory standards.

(3) TfNSW may, by its officers or agents, enter and inspect premises or a facility at a stevedore’s terminal for the purpose of or in connection with a compliance audit by TfNSW.

(4) A carrier, stevedore or stevedore service provider must comply with a direction under this section.

Maximum penalty—500 penalty units.

(5) A person must not, in purported compliance with a direction under this section, provide information that the person knows is false or misleading in a material particular.

Maximum penalty—100 penalty units.

(6) The issue of a penalty notice or the taking of proceedings for non-compliance with a direction under this section does not prevent—

(a) the giving of the same direction (a further direction) on one or more further occasions, or

(b) the issuing of a penalty notice or the taking of proceedings for non-compliance with a further direction.