sec.164Identification of contravention in audit report

sec.164 Identification of contravention in audit report

This section applies if a report for an audit of a notifier’s operations under section 163 identifies a contravention of subdivision 2 by the notifier. The notifier must pay the reasonable costs of conducting the audit and compiling the audit report. The chief executive may, by written notice given to the notifier— direct the notifier to— rectify the contravention; or ensure the contravention does not happen again; and require the notifier to give the chief executive, within 14 days after the date of the notice, a notice (a rectification notice ) stating the action the notifier has taken to comply with the direction. See part 9 , division 3 for requirements for particular customer communications. The notifier must comply with the requirement mentioned in subsection (3) (b) , unless the notifier has a reasonable excuse. Maximum penalty—20 penalty units. In a proceeding against the notifier for an offence against this regulation, other than an offence against subsection (4) , neither the rectification notice, nor the fact that the notifier gave the rectification notice, can be used in evidence against the notifier. The costs payable by the notifier under subsection (2) may be recovered by the chief executive as a debt owing to the State. (sec.164-ssec.1) This section applies if a report for an audit of a notifier’s operations under section 163 identifies a contravention of subdivision 2 by the notifier. (sec.164-ssec.2) The notifier must pay the reasonable costs of conducting the audit and compiling the audit report. (sec.164-ssec.3) The chief executive may, by written notice given to the notifier— direct the notifier to— rectify the contravention; or ensure the contravention does not happen again; and require the notifier to give the chief executive, within 14 days after the date of the notice, a notice (a rectification notice ) stating the action the notifier has taken to comply with the direction. See part 9 , division 3 for requirements for particular customer communications. (sec.164-ssec.4) The notifier must comply with the requirement mentioned in subsection (3) (b) , unless the notifier has a reasonable excuse. Maximum penalty—20 penalty units. (sec.164-ssec.5) In a proceeding against the notifier for an offence against this regulation, other than an offence against subsection (4) , neither the rectification notice, nor the fact that the notifier gave the rectification notice, can be used in evidence against the notifier. (sec.164-ssec.6) The costs payable by the notifier under subsection (2) may be recovered by the chief executive as a debt owing to the State.

• (a) direct the notifier to— (i) rectify the contravention; or (ii) ensure the contravention does not happen again; and
• (i) rectify the contravention; or
• (ii) ensure the contravention does not happen again; and