33Expenses of investigation

##### 33 Expenses of investigation (1) Subject to this section and to clause 18 of the Agreement, the expenses of and incidental to an investigation shall be paid by the Commission. (2) For the purposes of this section, the expenses of and incidental to an investigation under this Division include: (a) the expenses incurred in any proceedings brought in the name of a person under subsection 30(9); and (b) in the case of an investigation carried out pursuant to a direction that is approved by the Ministerial Council pursuant to subsection 16(6)—the expenses (if any) incurred before the direction is so approved. (3) Where an investigation has been carried out under this Division and proceedings are instituted under subsection 30(9) or otherwise as a result of that investigation, the Commission may make one or more of the following orders, namely: (a) that a specified person pay, within the time and in the manner specified in the order, the whole, or a specified part, of the expenses of and incidental to the investigation; (b) where expenses have been paid by the Commission, that a specified person reimburse the Commission, within the time and in the manner specified in the order, to the extent of the payment; (c) that a specified person, within the time and in the manner specified in the order, pay, or reimburse the Commission in respect of, the whole, or a specified part, of the cost to the Commission of carrying out the investigation, including the remuneration of any employee of the Commission concerned with the investigation. (4) Where the Commission is of the opinion that the whole or any part of the expenses of or incidental to an investigation under this Division should be paid by a person to whose affairs the investigation relates, the Commission may by order in writing direct that person to pay a specified amount, being the whole or part of the expenses, within the time and in the manner specified. (5) Where a person has failed to comply with an order of the Commission under subsection (3) or (4), proceedings may be taken in a court of competent jurisdiction to recover the amount in question as a debt due to the Commission. (6) An inspector may include in his report a recommendation whether an order under subsection (3) or (4) should be made or whether orders under both those subsections should be made. (7) Where, in a case where the expenses of and incidental to an investigation or part of those expenses have been or are to be borne by a party to the Agreement, the expenses or part of the expenses borne or to be borne by that party are recovered by the Commission pursuant to this section, the Commission shall, to the extent of the amount recovered, reimburse or credit that party.