228HNotifications

228H Notifications S. 228H(1) amended by Nos 34/2011 s. 89(1), 49/2011 s. 5(1). (1) A company that holds an accreditation (other than a temporary accreditation) must notify the Secretary (in writing) of any relevant incident or occurrence within 48 hours after the incident or occurrence took place. Note to s. 228H(1) inserted by No. 49/2011 s. 5(2). See section 44(3) of the **Interpretation of Legislation Act 1984** which addresses the situation where a time period ends on a weekend or public holiday. S. 228H(2) amended by No. 34/2011 s. 89(1). (2) The Secretary may request a report from a company that holds an accreditation (other than a temporary accreditation) under this Division on any matter related to the authorised officers employed or engaged by the company. S. 228H(3) amended by No. 34/2011 s. 89(2). (3) A request by the Secretary under subsection (2) must specify a reasonable period within which the report must be received by the Secretary. S. 228H(4) amended by Nos 69/2007 s. 40(5)(a), 34/2011 s. 89(1). (4) A company that receives a request under subsection (2) must comply with that request within the period specified by the Secretary under subsection (3). S. 228H(5) amended by No. 34/2011 s. 89(3). (5) The Secretary may request further information relating to— S. 228H(5)(a) amended by No. 69/2007 s. 40(5)(b). (a) the incident or occurrence to which a notification under subsection (1) relates; or S. 228H(5)(b) amended by No. 34/2011 s. 89(3). (b) a report provided to the Secretary under subsection (4)— and may specify a reasonable period within which the further information must be received by the Secretary. (6) A company must comply with any request for further information under subsection (5) within the period (if any) specified in that request. S. 228H(7) amended by No. 34/2011 s. 89(1). (7) In this section, ***relevant incident or occurrence*** means an incident or occurrence that is determined by the Secretary to be an incident or occurrence to which this section applies. S. 228H(8) amended by No. 34/2011 s. 89(2). (8) The Secretary must cause to be published in the Government Gazette any determination made by the Secretary for the purpose of the definition of ***relevant incident or occurrence***. S. 228H(9) amended by No. 34/2011 s. 89(2). (9) The Secretary must notify in writing any company that holds an accreditation under this Division of any determination made by the Secretary for the purpose of the definition of ***relevant incident or occurrence***. S. 228HA (Heading) inserted by No. 47/2006 s. 24(1). S. 228HA inserted by No. 104/1997 s. 37 (as amended by No. 45/1999 s. 41). 228HA Audit of certain books and records of accredited companies for compliance purposes S. 228HA(1) substituted by No. 47/2006 s. 24(2). (1) An accredited company must keep books and records relating to the following— (a) any condition to which its accreditation is subject and its compliance with that condition; (b) the scope and operation of its authorised officer management system; (c) any notification, report or information provided by it under this Division; S. 228HA(1)(d) amended by No. 34/2011 s. 90. (d) any correspondence with the Secretary in relation to its accreditation, its authorised officer management system or any authorised officer employed or engaged by it; (e) any other prescribed matter. S. 228HA(2) amended by Nos 47/2006 s. 24(3)(a)–(c), 34/2011 s. 90. (2) The Secretary may audit all books and records referred to in subsection (1) and may take copies of any books or records. S. 228HA(2A) inserted by No. 47/2006 s. 24(4), amended by No. 34/2011 s. 90. (2A) The Secretary may authorise an officer of the Department or any other suitably qualified person to conduct an audit under this section. S. 228HA(2B) inserted by No. 47/2006 s. 24(4). (2B) A person authorised under subsection (2A) may— (a) enter any premises in which the person reasonably believes a book or record is kept for the purpose of subsection (1); and (b) inspect any such book or record; and (c) make copies of, or take extracts from, any such book or record. S. 228HA(3) substituted by No. 47/2006 s. 24(5), amended by No. 34/2011 s. 90. (3) If an audit is conducted as a result of a notification, or the provision of a report, under section 228H, the Secretary may charge a fee that covers the reasonable costs of conducting that audit. S. 228I inserted by No. 104/1997 s. 37 (as amended by No. 45/1999 s. 39(d)).