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PUBLIC HEALTH AND WELLBEING ACT 2008 - SECT 93

Owner must ensure risk management plan audit conducted

    (1)     The owner of any land on which there is a cooling tower system must take all reasonable steps to ensure that an audit is conducted annually in relation to the risk management plan prepared in respect of a cooling tower system.

Penalty:     In the case of a natural person, 60 penalty units;

In the case of a body corporate, 300 penalty units.

    (2)     An owner of land is not excused from complying with this section merely because the carrying out of the audit can only be done at the owner's expense.

    (3)     The risk management plan audit must be conducted by an approved auditor for the purpose of determining whether the risk management plan

        (a)     complied with section 91(2) throughout the period in respect of which the audit is undertaken; and

        (b)     has been implemented during that period; and

        (c)     has been reviewed within the 12 months immediately before the audit.

    (4)     In conducting the audit, the approved auditor must inspect all the documents relating to the cooling tower system that are prescribed for the purposes of this section.

    (5)     The approved auditor is not required to—

        (a)     determine whether the risk management plan has, in fact, adequately controlled the risks associated with the use of a cooling tower system; or

        (b)     inspect the cooling tower system.

    (6)     After conducting the audit, the approved auditor must give the person who commissioned the audit a certificate stating the auditor's opinion on whether the risk management plan

        (a)     complied with section 91(2) throughout the period in respect of which the audit is undertaken; and

        (b)     has been implemented during that period; and

        (c)     has been reviewed within the 12 months immediately before the audit.

    (7)     The certificate must—

        (a)     be in the approved form; and

        (b)     contain any information required by the Secretary.

    (8)     The approved auditor must give the Secretary a copy of the information in the audit certificate within 7 days after completing the certificate.

Penalty:     10 penalty units.



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