118PAExternal audits

#### 118PA External audits Scope (1) This section applies if: (a) an access undertaking is in force in relation to a digital radio multiplex transmitter licence; and (b) a person is: (i) the licensee of the licence; or (ii) a person authorised by the licensee to operate a multiplex transmitter under the licence; and (c) the ACCC has reasonable grounds to suspect that the person has breached, is breaching, or is proposing to breach: (i) the access undertaking; or (ii) any of the standard access obligations (if any) that are applicable to the licence; or (iii) any of the excess‑capacity access obligations (if any) that are applicable to the licence; or (iv) any of the distributed‑capacity access obligations (if any) that are applicable to the licence; or (v) the obligations that are applicable to the licence under section 118NP. Requirement (2) The ACCC may, by written notice given to the person, require the person to: (a) appoint an external auditor; and (b) arrange for the external auditor to carry out an external audit of whichever of the following is specified in the notice: (i) the person’s compliance with the access undertaking; or (ii) one or more specified aspects of the person’s compliance with the access undertaking; or (iii) the person’s compliance with the standard access obligations (if any) that are applicable to the licence; or (iv) one or more specified aspects of the person’s compliance with the standard access obligations (if any) that are applicable to the licence; or (v) the person’s compliance with the excess‑capacity access obligations (if any) that are applicable to the licence; or (vi) one or more specified aspects of the person’s compliance with the excess‑capacity access obligations (if any) that are applicable to the licence; or (vii) the person’s compliance with the distributed‑capacity access obligations (if any) that are applicable to the licence; or (viii) one or more specified aspects of the person’s compliance with the distributed‑capacity access obligations (if any) that are applicable to the licence; or (ix) the person’s compliance with the obligations that are applicable to the licence under section 118NP; or (x) one or more specified aspects of the person’s compliance with the obligations that are applicable to the licence under section 118NP; and (c) arrange for the external auditor to give the person a written report (the audit report) setting out the results of the audit; and (d) give the ACCC a copy of the audit report within: (i) the period specified in the notice; or (ii) if the ACCC allows a longer period—that longer period. (3) The notice must specify: (a) the matters to be covered by the audit; and (b) the form of the audit report and the kinds of details it is to contain. (4) The matters that may be specified under paragraph (3)(a) may include any or all of the following: (a) an assessment of the person’s existing capacity to comply with the access undertaking; (b) an assessment of what the person will need to do, or continue to do, to comply with the access undertaking; (c) an assessment of the person’s existing capacity to comply with the standard access obligations (if any) that are applicable to the licence; (d) an assessment of what the person will need to do, or continue to do, to comply with the standard access obligations (if any) that are applicable to the licence; (e) an assessment of the person’s existing capacity to comply with the excess‑capacity obligations (if any) that are applicable to the licence; (f) an assessment of what the person will need to do, or continue to do, to comply with the excess‑capacity obligations (if any) that are applicable to the licence; (g) an assessment of the person’s existing capacity to comply with the distributed‑capacity obligations (if any) that are applicable to the licence; (h) an assessment of what the person will need to do, or continue to do, to comply with the distributed‑capacity obligations (if any) that are applicable to the licence; (i) an assessment of the person’s existing capacity to comply with the obligations that are applicable to the licence under section 118NP; (j) an assessment of what the person will need to do, or continue to do, to comply with the obligations that are applicable to the licence under section 118NP. (5) Subsection (4) does not limit paragraph (3)(a). Compliance (6) The person must comply with a notice under subsection (2).