After section 50 of the Principal Act , the following Part is inserted:

PART 4A - Audits and Investigations

50A.     Audit by Director

(1)  The Director may arrange for audits to be carried out of the work of any person or body referred to in section 7(h) .

(2)  A person must not fail to assist in and cooperate with the audit.

Penalty:  In the case of –

(a) a natural person, a fine not exceeding 100 penalty units; or

(b) a body corporate, a fine not exceeding 500 penalty units.

(3)  If the Director is satisfied that an audit indicates that an accredited building practitioner is or may be guilty of unsatisfactory professional conduct or professional misconduct, the Director may deal with the matter as if it were a complaint made by a person other than the Director.

50B.     Powers of entry of Director during audit or investigation

(1)  For the purpose of ascertaining whether the provisions of this Act are being, or have been, complied with by a person, the Director, or any person authorised on the Director’s behalf, may –

(a) enter premises where the business is being carried on or on which it is believed on reasonable grounds that records relating to the business are kept; and

(b) require the production of records; and

(c) inspect and require explanations of any record; and

(d) either –

(i) take notes, copies and extracts of or from any record or statement produced or required under this section; or

(ii) remove any such record to the custody and control of the Director.

(2)  Where a record is removed under subsection (1)(d)(ii) , the Director, or any officer authorised on the Director’s behalf –

(a) may make copies of the record; and

(b) must return the record as soon as practicable.

(3)  A person must not –

(a) wilfully delay or obstruct the Director, or any person authorised on the Director’s behalf in the exercise of their powers under this section; or

(b) refuse or fail to produce, or conceal or attempt to conceal, any record or statement the person is required under subsection (1) or (2) to produce; or

(c) refuse or fail to answer a question, or give an explanation, relating to any such record or statement where the question is put to the person, or the explanation is required of the person, by a person entitled to do so; or

(d) in response to a question relating to any such record or statement, give an answer that he or she knows is false or misleading.

Penalty:  Fine not exceeding 500 penalty units.

50C.     Director may require production of records during audit or investigation

(1)  For the purpose of ascertaining whether the provisions of this Act are being, or have been, complied with, the Director, or any person authorised on the Director’s behalf, may, by instrument in writing, require a person to produce specified records, or records of a specified class or description, to a person at a place and time specified in the instrument.

(2)  Where the Director, or any person authorised on the Director’s behalf, requires production under subsection (1) of a record that is not in writing, or is not written in English, or is not decipherable on sight, the requirement to produce the record is to be taken to be a requirement to produce a statement, written in English and decipherable on sight, containing the whole of the information in the record.

(3)  A person must not refuse or fail to produce any record or statement in accordance with this section.

Penalty:  Fine not exceeding 500 penalty units.

(4)  The Director, or any person authorised on the Director’s behalf, may inspect and take notes, copies and extracts of or from any record or statement produced under this section.