How investigation fee must be paid
23 How investigation fee must be paid
This section applies in relation to an investigation fee payable by a person (the relevant person) for an investigation.
The chief executive may require, in writing, the relevant person to pay all or part of the investigation fee in advance.
The chief executive may make the requirement before the investigation starts, or at any time during the investigation.
If the requirement is made before the investigation starts, the chief executive may decide not to start the investigation until the investigation fee or part of the fee is paid.
If the requirement is made during the investigation, the relevant person must pay the investigation fee or part of the fee within 28 days after the requirement is made.
The investigation fee or part of the fee payable in advance must be—
an amount not more than the chief executive’s estimate or latest estimate of the investigation fee; and
reduced by the amount, if any, already paid by the relevant person to the chief executive under this section in relation to the investigation.
As soon as reasonably practicable after the investigation is finished the chief executive must—
give the relevant person a written itemised account of the costs comprising the investigation fee; and
either—
refund any overpayment to the relevant person; or
require, in writing, the relevant person to pay to the chief executive, within 28 days after the requirement is made, the amount of any shortfall between the amount already paid by the relevant person under this section and the amount of the investigation fee.
For subsection (7), an investigation is finished in relation to a relevant person if—
both of the following apply—
the chief executive considers the relevant person has failed to comply with a requirement made by the chief executive under the Act, section 57 in relation to the investigation;
the chief executive considers the investigation is finished; or
the chief executive considers the investigation has been completed for the chief executive’s purposes under the Act, section 56(2).
A relevant person given a requirement under subsection (2) or (7)(b)(ii) must comply with the requirement.
A failure by the chief executive to comply with subsection (7)(a) or (b) as soon as reasonably practicable after the investigation does not affect the recovery of the amount of any shortfall mentioned in subsection (7)(b)(ii).
In a proceeding to recover the amount of a shortfall mentioned in subsection (7)(b)(ii), a written itemised account of the costs given to the relevant person for the investigation under subsection (7)(a) is evidence of costs.
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