PRCP schedule must be audited if administering authority directs holder
285 PRCP schedule must be audited if administering authority directs holder
The administering authority may direct the holder of a PRCP schedule, by written notice (a PRCP schedule audit notice) stating the matters mentioned in subsection (3), to commission an audit of the schedule.
However, a PRCP schedule audit notice may be given under subsection (1) only if—
the administering authority is satisfied the audit is necessary or desirable; and
for a notice given within 3 years after the day the holder was last required to give an audit report for the PRCP schedule under this section—the administering authority is satisfied exceptional circumstances exist for the giving of the notice.
The PRCP schedule audit notice must state—
that the audit must be carried out by a rehabilitation auditor; and
the period (the audit period) for which the audit must be carried out.
For subsection (3)(b), the period must be a reasonable period—
starting no earlier than 3 years before the day the PRCP schedule audit notice is given; and
ending no later than the day the notice is given.
A PRCP schedule audit notice mentioned in subsection (2)(b) must be accompanied by or include an information notice about the decision to give the PRCP schedule audit notice.
Unless the holder has a reasonable excuse, the holder must, within 4 months after the PRCP schedule audit notice is given, give the administering authority—
the rehabilitation auditor’s report (an audit report) about the audit that complies with section 286; and
a declaration for the audit report stating the holder—
has not knowingly given false or misleading information to the rehabilitation auditor; and
has given all relevant information to the rehabilitation auditor.
Maximum penalty—100 penalty units.
The declaration mentioned in subsection (6)(b) must be made—
if the holder is an individual—by the holder; or
if the holder is a corporation—by an executive officer of the corporation.
This Act’s bill:Explanatory memorandum
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