sec.108AAudits of particular performance reports

### sec.108A Audits of particular performance reports This section applies if the regulator reasonably believes that a service provider’s performance report for a particular financial year (the relevant financial year ) does not comply with section 142A (3) . The regulator may, by written notice, require the service provider to have the data in the performance report audited. If the service provider is given a notice under subsection (2) , the provider must, unless the provider has a reasonable excuse— have the data in performance report audited by an auditor; and give the regulator a report about the audit that complies with subsection (4) (a performance audit report ) on or before the later of the following days— 1 October immediately after the relevant financial year ends; the day that is 30 days after the provider receives the notice. Maximum penalty—500 penalty units. The performance audit report must— be prepared by the auditor in accordance with any guidelines about preparing the report made by the regulator; and for each KPI the performance report is about—include the data for the KPI submitted in the performance report under section 142A (3) (d) ; and verify whether the data audited for the relevant financial year is accurate. Without limiting subsection (3) , the service provider is taken to comply with that subsection if— an audit process under another Act would, if complied with by the provider, require the provider to give the regulator a document containing the verification mentioned in subsection (4) (c) ; and the provider complies with the audit process. s 108A ins 2014 No. 16 s 62 sub 2023 No. 24 s 60 (sec.108A-ssec.1) This section applies if the regulator reasonably believes that a service provider’s performance report for a particular financial year (the relevant financial year ) does not comply with section 142A (3) . (sec.108A-ssec.2) The regulator may, by written notice, require the service provider to have the data in the performance report audited. (sec.108A-ssec.3) If the service provider is given a notice under subsection (2) , the provider must, unless the provider has a reasonable excuse— have the data in performance report audited by an auditor; and give the regulator a report about the audit that complies with subsection (4) (a performance audit report ) on or before the later of the following days— 1 October immediately after the relevant financial year ends; the day that is 30 days after the provider receives the notice. Maximum penalty—500 penalty units. (sec.108A-ssec.4) The performance audit report must— be prepared by the auditor in accordance with any guidelines about preparing the report made by the regulator; and for each KPI the performance report is about—include the data for the KPI submitted in the performance report under section 142A (3) (d) ; and verify whether the data audited for the relevant financial year is accurate. (sec.108A-ssec.5) Without limiting subsection (3) , the service provider is taken to comply with that subsection if— an audit process under another Act would, if complied with by the provider, require the provider to give the regulator a document containing the verification mentioned in subsection (4) (c) ; and the provider complies with the audit process. - (a) have the data in performance report audited by an auditor; and - (b) give the regulator a report about the audit that complies with subsection (4) (a performance audit report ) on or before the later of the following days— (i) 1 October immediately after the relevant financial year ends; (ii) the day that is 30 days after the provider receives the notice. - (i) 1 October immediately after the relevant financial year ends; - (ii) the day that is 30 days after the provider receives the notice. - (i) 1 October immediately after the relevant financial year ends; - (ii) the day that is 30 days after the provider receives the notice. - (a) be prepared by the auditor in accordance with any guidelines about preparing the report made by the regulator; and - (b) for each KPI the performance report is about—include the data for the KPI submitted in the performance report under section 142A (3) (d) ; and - (c) verify whether the data audited for the relevant financial year is accurate. - (a) an audit process under another Act would, if complied with by the provider, require the provider to give the regulator a document containing the verification mentioned in subsection (4) (c) ; and - (b) the provider complies with the audit process.