Inquiries and investigations by Integrity Auditor in relation to complaint
26 Inquiries and investigations by Integrity Auditor in relation to complaint
A person may make a complaint to the Integrity Auditor in respect of the exercise of functions by a racing official relating to harness racing.
On receiving a complaint from a person under this section, the Integrity Auditor must investigate the complaint with due diligence unless the Integrity Auditor considers that the complaint—
is frivolous, vexatious or not made in good faith, or
is trivial, or
does not relate to the exercise of functions by a racing official in a corrupt, improper or unethical manner.
If the Integrity Auditor decides to investigate a complaint, the Integrity Auditor must inform the racing official concerned of the substance of the complaint and give the racing official a reasonable opportunity to respond to it.
The Integrity Auditor may, by notice in writing, require a racing official who is the subject of an investigation under this section to do one or more of the following—
provide, in accordance with directions in the notice, such information verified by statutory declaration as, in the opinion of the Integrity Auditor, is relevant to the investigation and is specified in the notice,
produce, in accordance with directions in the notice, such records as, in the opinion of the Integrity Auditor, are relevant to the investigation and permit examination of the records, the taking of extracts from them and the making of copies of them,
authorise a person described in the notice to comply with a requirement of the kind referred to in paragraph (a) or (b),
furnish to the Integrity Auditor such authorisations and consents as the Integrity Auditor requires for the purpose of enabling the Integrity Auditor to obtain information (including financial and other confidential information) from other persons concerning the person under investigation.
A person who complies with a requirement of a notice under subsection (4) does not on that account incur a liability to another person.
A person must not fail to comply with a requirement of the Integrity Auditor contained in a notice under subsection (4).
Maximum penalty (subsection (6)): 20 penalty units.
This Act’s bill:Explanatory memorandumSecond reading speech
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