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PLUMBING AND DRAINAGE ACT 2018 - SECT 48
Supplying documents or information
48 Supplying documents or information
(1) This section applies if— (a) a licensee is selected to be audited under
an approved audit program; or
(b) 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
(c) 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.
(2) 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.
(3) 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 . Examples of documents— invoices, receipts, bookkeeping
records and statements from a financial institution
(4) Also, the notice
must state that— (a) 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
(b) under section 97 , there is a limited immunity against the
use of the information in a proceeding.
(5) 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. Penalty— Maximum
penalty—100 penalty units.
(6) 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.
(7)
In this section—
"employ" includes engage on a contract for services or commission, whether or
not for reward.
"reasonably suspects" means suspects on grounds that are reasonable in the
circumstances.
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