Commonwealth Consolidated Acts Commonwealth Consolidated ActsScope
(1) This section applies if:
(a) a person is, or has been, the project proponent for a registered biodiversity project; and
(b) the Regulator has reasonable grounds to suspect that the person has contravened, is contravening, or is proposing to contravene, this Act.
Audit
(2) The Regulator may, by written notice given to the person, require the person to:
(a) appoint as an audit team leader:
(i) a registered greenhouse and energy auditor of the person's choice; or
(ii) if the Regulator specifies a registered greenhouse and energy auditor in the notice--that auditor; or
(iii) if the Regulator specifies more than one registered greenhouse and energy auditor in the notice--any one of those auditors; and
(b) arrange for the audit team leader to carry out an audit on one or more aspects of the person's compliance with this Act; and
(c) arrange for the audit team leader to give the person a written report setting out the results of the audit; and
(d) give the Regulator a copy of the audit report on or before the day specified in the notice.
Note: For the conduct of an audit under this section, see section 75 of the National Greenhouse and Energy Reporting Act 2007 .
(3) The notice must specify:
(a) the type of audit to be carried out; and
(b) the matters to be covered by the audit; and
(c) the form of the audit report and the kinds of details it is to contain.
(4) A person must provide the audit team leader, and any persons assisting the audit team leader, with all reasonable facilities and assistance necessary for the effective exercise of the audit team leader's duties under this Act.
Civil penalty: 60 penalty units.
(5) Without limiting subsection (4), providing assistance that is reasonably necessary includes complying with any request under section 123 that relates to the audit.
(6) Subsection (4) does not require a person to allow an audit team leader or a person assisting an audit team leader:
(a) to enter premises; or
(b) to take samples of any thing on premises; or
(c) to inspect any thing on premises.
(7) If the Regulator gives a person written notice under subsection (2), the person must comply with the requirements of the notice.
Civil penalty: 200 penalty units.
(8) The maximum civil penalty for each day that a contravention of subsection (7) continues after the day specified for the purposes of paragraph (2)(d) is 5% of the maximum civil penalty that can be imposed in respect of that contravention.
Note: Subsection (7) is a continuing civil penalty provision under section 93 of the Regulatory Powers Act.
Reimbursement
(9) If:
(a) the Regulator gives a person a notice under subsection (2); and
(b) in complying with that notice, the person arranges for an audit team leader to carry out an audit on one or more aspects of the person's compliance with this Act; and
(c) the person requests the Regulator to reimburse the person for reasonable costs incurred by the person in relation to the carrying out of the audit;
the Regulator may, on behalf of the Commonwealth, reimburse the person for those costs if the Regulator considers it appropriate to do so.
Note: For review of decisions, see Part 20.
(10) A request under paragraph (9)(c) must:
(a) be in writing; and
(b) be in a form approved, in writing, by the Regulator; and
(c) be accompanied by such information as is specified in the rules; and
(d) be accompanied by such documents (if any) as are specified in the rules.
(11) The approved form of request may provide for verification by statutory declaration of statements in requests.
(12) In deciding under subsection (9) whether to reimburse a person for reasonable costs incurred by the person in relation to the carrying out of an audit, the Regulator must have regard to:
(a) the report prepared by an audit team leader in accordance with the notice; and
(b) whether the person would suffer financial hardship if the person were not reimbursed for those costs; and
(c) such other matters (if any) as the Regulator considers relevant.