138Compliance audits

138 Compliance audits

138 Compliance audits

(1) This section applies to the holder of an access licence or an approval who has been directed by the Minister to undertake a compliance audit to the satisfaction of the Minister.

(2) For the Act, sections 326A(4) and 400(1)(e), the holder must prepare a report on the results of the compliance audit (a compliance audit report) that includes the following—

(a) an assessment of whether the holder has complied with the compliance requirements,

(b) an assessment of how the holder has complied with the compliance requirements,

(c) an assessment of the risks of non-compliance with the compliance requirements,

(d) recommendations to remedy non-compliance or risks of non-compliance identified in the compliance audit,

(e) references to all documents and information considered by the holder and the compliance auditor, if not the holder, in carrying out the compliance audit.

Note—

See the Crimes Act 1900, Part 5A dealing with offences for providing false and misleading information to the Minister.

(3) The holder must submit a compliance audit report within the time specified by the Minister in the direction.

(4) The Minister may require the holder to give the Minister the information used in preparing the compliance audit report within 5 years after the report is submitted to the Minister.

(5) The holder must pay all the costs associated with the compliance audit and the compliance audit report.

(6) The following persons are qualified to carry out compliance audits—

(a) if required by the direction—

(i) the holder of the access licence or the approval, or

(ii) a duly qualified person, but only in relation to the work for which the person is duly qualified, or

(iii) a person who holds a qualification issued by an Australian university, and who has at least 10 years experience, in a field of engineering or environmental science sufficient to enable the person to assess compliance with legal requirements under the Act, as they relate to the holder’s activities,