sec.262Spot audits

### sec.262 Spot audits Subsection (2) applies if the regulator is satisfied or reasonably believes— the scheme manager, or a recycled water provider or other declared entity, for a recycled water scheme is not complying, or has not complied, with the recycled water management plan for the scheme or the conditions of the plan; or the approved recycled water management plan for the scheme is no longer adequate. The regulator may arrange for a spot audit report to be prepared about the recycled water management plan. Before arranging for a spot audit report to be prepared because of the matter mentioned in subsection (1) (b) , the regulator— must give a show cause notice about the proposed spot audit to— if the recycled water management plan is for a single-entity recycled water scheme—the recycled water provider for the scheme; or if the recycled water management plan is for a multiple-entity recycled water scheme—the scheme manager and each declared entity for the scheme; and consider all properly made submissions about the proposed spot audit. The spot audit report may be prepared by the regulator or a suitably qualified person appointed by the regulator. The spot audit report must be prepared in accordance with the guidelines, if any, about preparing spot audit reports under this section. Within 30 business days after the spot audit report is completed, the regulator must give a copy of the report to— if the report relates to a single-entity recycled water scheme—the recycled water provider for the scheme; or if the report relates to a multiple-entity recycled water scheme—the scheme manager for the scheme. Subsection (8) applies if the spot audit report states either or both of the following— the recycled water management plan for the recycled water scheme is inadequate in a material particular; the scheme manager, or recycled water provider or other declared entity, for the recycled water scheme (the responsible entity ) has not properly carried out the plan to the extent it applies to the responsible entity. The regulator must give the responsible entity an information notice requiring the entity, within the reasonable period stated in the notice, to— if subsection (7) (a) applies—rectify the inadequacy; or if subsection (7) (b) applies—properly carry out the plan. The responsible entity must comply with the notice, unless the responsible entity has a reasonable excuse. Maximum penalty—1,665 penalty units. The regulator may recover an amount equal to the cost of completing the spot audit report from— if the report relates to a single-entity recycled water scheme—the recycled water provider for the scheme; or if the report relates to a multiple-entity recycled water scheme—the scheme manager, and any recycled water providers or other declared entities, for the scheme. (sec.262-ssec.1) Subsection (2) applies if the regulator is satisfied or reasonably believes— the scheme manager, or a recycled water provider or other declared entity, for a recycled water scheme is not complying, or has not complied, with the recycled water management plan for the scheme or the conditions of the plan; or the approved recycled water management plan for the scheme is no longer adequate. (sec.262-ssec.2) The regulator may arrange for a spot audit report to be prepared about the recycled water management plan. (sec.262-ssec.3) Before arranging for a spot audit report to be prepared because of the matter mentioned in subsection (1) (b) , the regulator— must give a show cause notice about the proposed spot audit to— if the recycled water management plan is for a single-entity recycled water scheme—the recycled water provider for the scheme; or if the recycled water management plan is for a multiple-entity recycled water scheme—the scheme manager and each declared entity for the scheme; and consider all properly made submissions about the proposed spot audit. (sec.262-ssec.4) The spot audit report may be prepared by the regulator or a suitably qualified person appointed by the regulator. (sec.262-ssec.5) The spot audit report must be prepared in accordance with the guidelines, if any, about preparing spot audit reports under this section. (sec.262-ssec.6) Within 30 business days after the spot audit report is completed, the regulator must give a copy of the report to— if the report relates to a single-entity recycled water scheme—the recycled water provider for the scheme; or if the report relates to a multiple-entity recycled water scheme—the scheme manager for the scheme. (sec.262-ssec.7) Subsection (8) applies if the spot audit report states either or both of the following— the recycled water management plan for the recycled water scheme is inadequate in a material particular; the scheme manager, or recycled water provider or other declared entity, for the recycled water scheme (the responsible entity ) has not properly carried out the plan to the extent it applies to the responsible entity. (sec.262-ssec.8) The regulator must give the responsible entity an information notice requiring the entity, within the reasonable period stated in the notice, to— if subsection (7) (a) applies—rectify the inadequacy; or if subsection (7) (b) applies—properly carry out the plan. (sec.262-ssec.9) The responsible entity must comply with the notice, unless the responsible entity has a reasonable excuse. Maximum penalty—1,665 penalty units. (sec.262-ssec.10) The regulator may recover an amount equal to the cost of completing the spot audit report from— if the report relates to a single-entity recycled water scheme—the recycled water provider for the scheme; or if the report relates to a multiple-entity recycled water scheme—the scheme manager, and any recycled water providers or other declared entities, for the scheme. - (a) the scheme manager, or a recycled water provider or other declared entity, for a recycled water scheme is not complying, or has not complied, with the recycled water management plan for the scheme or the conditions of the plan; or - (b) the approved recycled water management plan for the scheme is no longer adequate. - (a) must give a show cause notice about the proposed spot audit to— (i) if the recycled water management plan is for a single-entity recycled water scheme—the recycled water provider for the scheme; or (ii) if the recycled water management plan is for a multiple-entity recycled water scheme—the scheme manager and each declared entity for the scheme; and - (i) if the recycled water management plan is for a single-entity recycled water scheme—the recycled water provider for the scheme; or - (ii) if the recycled water management plan is for a multiple-entity recycled water scheme—the scheme manager and each declared entity for the scheme; and - (b) consider all properly made submissions about the proposed spot audit. - (i) if the recycled water management plan is for a single-entity recycled water scheme—the recycled water provider for the scheme; or - (ii) if the recycled water management plan is for a multiple-entity recycled water scheme—the scheme manager and each declared entity for the scheme; and - (a) if the report relates to a single-entity recycled water scheme—the recycled water provider for the scheme; or - (b) if the report relates to a multiple-entity recycled water scheme—the scheme manager for the scheme. - (a) the recycled water management plan for the recycled water scheme is inadequate in a material particular; - (b) the scheme manager, or recycled water provider or other declared entity, for the recycled water scheme (the responsible entity ) has not properly carried out the plan to the extent it applies to the responsible entity. - (a) if subsection (7) (a) applies—rectify the inadequacy; or - (b) if subsection (7) (b) applies—properly carry out the plan. - (a) if the report relates to a single-entity recycled water scheme—the recycled water provider for the scheme; or - (b) if the report relates to a multiple-entity recycled water scheme—the scheme manager, and any recycled water providers or other declared entities, for the scheme.