33Conduct of audits

33 Conduct of audits

(1)  This regulation applies to a property agent who –

(a) appoints an auditor to carry out an audit under regulation 31(1) , (2) or (3) ; or

(b) is subject to an audit under regulation 31(4) .

(2)  At all times during business hours, a property agent must –

(a) allow an auditor access to the trust account records; and

(b) allow the auditor to make notes and copies of, and take extracts from, any such trust account records; and

(c) provide any information or explanation that the auditor requires to complete the audit; and

(d) provide such assistance as the auditor reasonably requires for the purpose of the audit.

Penalty:  Fine not exceeding 50 penalty units.

(3)  A person must not –

(a) fail to comply with a reasonable request of an auditor in relation to an audit; or

(b) wilfully obstruct, hinder or delay the performance of an audit; or

(c) threaten or attempt to intimidate an auditor; or

(d) give, or agree or offer to give, any gift, reward or other inducement for the auditor to do or abstain from doing anything in relation to the audit; or

(e) knowingly give false or misleading information or documents to an auditor; or

(f) conceal any information or record that relates to the trust account records that are being audited.

Penalty:  Fine not exceeding 50 penalty units.