44Compliance audits

44 Compliance audits

(1) This section applies if the Minister: (a) reasonably suspects that a person has engaged or is engaging in conduct that constitutes: (i) an offence against this Act; or (ii) a contravention of a civil penalty provision; and (b) is satisfied that it would be in the public interest to give the person a notice under this section. (2) The Minister may, by written notice given to the person, require the person: (a) to undertake, or arrange for another person to undertake, an audit of whichever of the following is specified in the notice: (i) the person’s compliance with this Act; (ii) one or more specified aspects of the person’s compliance with this Act; and (b) to give the Minister a written report setting out the results of the audit. (3) The notice must specify: (a) if the notice requires the person to arrange another person to undertake the audit—requirements relating to the qualifications and independence of the other person; and (b) the matters to be covered by the audit; and (c) the period within which the audit must be undertaken; and (d) the form and content of the report; and (e) the period within which the report must be given to the Minister. (4) A notice under subsection (2) is not a legislative instrument. (5) A person contravenes this subsection if the person is subject to a requirement under subsection (2) and the person fails to comply with the requirement. Strict liability offence (6) A person commits an offence of strict liability if the person contravenes subsection (5).

Penalty: 40 penalty units.

Civil penalty provision (7) A person is liable to a civil penalty if the person contravenes subsection (5).

Civil penalty: 80 penalty units.