(1)  A tenant may request, in writing, a landlord to appoint an auditor for the purposes of providing to the tenant a report, for an accounting period specified in the request, which audits –

(a) the outgoings specified in a written estimate of outgoings provided to a tenant in accordance with section 36(1) ; and

(b) the outgoings specified in a written statement of outgoings provided to the tenant in accordance with section 36(4) .

(2)  Within 30 days after the day on which a landlord receives a written request under subsection (1) , the landlord must appoint an auditor for the purposes of preparing the report.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 50 penalty units; and

(b) an individual, a fine not exceeding 25 penalty units.

(3)  A landlord must provide an auditor, appointed by the landlord under subsection (2) , with any information or documentation that the auditor requires to prepare the relevant report.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 50 penalty units; and

(b) an individual, a fine not exceeding 25 penalty units.

(4)  An auditor is to –

(a) prepare a written report –

(i) in accordance with the relevant principles and disclosure requirements of the applicable accounting standards (as in force from time to time) made by the Australian Accounting Standards Board of the Commonwealth; and

(ii) that states whether or not the outgoings specified in a written estimate of outgoings for the relevant accounting period have been expended, and charged, in accordance with the written estimate of outgoings and the relevant retail lease; and

(iii) that states whether or not the outgoings specified in a written statement of outgoings for the relevant accounting period have been expended, and charged, in accordance with the written statement of outgoings and the relevant retail lease; and

(b) when the auditor has finalised the report, provide the landlord and the tenant with a copy of that finalised report.

(5)  The cost of a report prepared and finalised by an auditor in accordance with this section is to be paid by –

(a) the tenant who requested the report under subsection (1) , if the report states that the outgoings specified in the written estimate of outgoings or the written statement of outgoings are more than 95% accurate; or

(b) the landlord who appointed the auditor under subsection (2) , if the report states that the outgoings specified in the written estimate of outgoings or the written statement of outgoings are 95% or less than 95% accurate.