Commonwealth Consolidated Acts

PRODUCT EMISSIONS STANDARDS ACT 2017 - SECT 44

  (1)   This section applies if the Minister:

  (a)   reasonably suspects that a person has engaged or is engaging in conduct that constitutes:

  (i)   an offence against this Act; or

  (ii)   a contravention of a civil penalty provision; and

  (b)   is satisfied that it would be in the public interest to give the person a notice under this section.

  (2)   The Minister may, by written notice given to the person, require the person:

  (a)   to undertake, or arrange for another person to undertake, an audit of whichever of the following is specified in the notice:

  (i)   the person's compliance with this Act;

  (ii)   one or more specified aspects of the person's compliance with this Act; and

  (b)   to give the Minister a written report setting out the results of the audit.

  (3)   The notice must specify:

  (a)   if the notice requires the person to arrange another person to undertake the audit--requirements relating to the qualifications and independence of the other person; and

  (b)   the matters to be covered by the audit; and

  (c)   the period within which the audit must be undertaken; and

  (d)   the form and content of the report; and

  (e)   the period within which the report must be given to the Minister.

  (4)   A notice under subsection   ( 2) is not a legislative instrument.

  ( 5 )   A person contravenes this subsection if the person is subject to a requirement under subsection   ( 2) and the person fails to comply with the requirement.

Strict liability offence

  ( 6 )   A person commits an offence of strict liability if the person contravenes subsection   ( 5 ).

Penalty:   4 0 penalty units.

Civil penalty provision

  ( 7 )   A person is liable to a civil penalty if the person contravenes subsection   ( 5 ).

Civil penalty:   8 0 penalty units.