Plumbing and Drainage Act 2018

This section applies if—

a licensee is selected to be audited under an approved audit program; or

the commissioner reasonably suspects, because of information received by the commissioner, a licensee is not, or has not been, complying with the requirements under section 83 after finishing notifiable work; or

a person (an employer) who conducts a business carrying out plumbing or drainage work employs a licensee (an employed licensee) to whom paragraph (a) or (b) applies to carry out the work.

The commissioner or an investigator may give notice to the licensee or employer requiring the licensee or employer to give the commissioner or investigator copies of, access to, or information about, the documents described in the notice.

The notice must describe only the documents the commissioner or investigator reasonably requires to decide whether the licensee or employed licensee is, or has been, complying with the requirements under section 83.

Also, the notice must state that—

the licensee or employer must comply with the notice even though complying might tend to incriminate the licensee, employer or employed licensee or expose the licensee, employer or employed licensee to a penalty; and

under section 97, there is a limited immunity against the use of the information in a proceeding.

The person given the notice must comply with the notice within 10 business days after receiving the notice, unless the person has a reasonable excuse.

It is not a reasonable excuse for a person to fail to comply with the notice on the basis that complying with the notice might tend to incriminate the person or expose the person to a penalty.

In this section—