Division 1 Licence auditing functions

85   Licence auditing functions

(1)  IPART’s functions under this Division are to monitor, and to report to the Minister on, the extent to which licensed network operators and licensed retail suppliers comply, or fail to comply, with the conditions imposed on the licences held by them.

(2)  In particular, IPART is to review each licence at intervals of not more than 5 years, and at such other times as the Minister may direct, with the first 5-year review commencing on the fifth anniversary of the granting of the licence.

(3)  A report with respect to such a review may include recommendations as to the variation or revocation of existing licence conditions or the imposition of new licence conditions.

86   Recovery of IPART’s costs

(1)  Each licensee is required to pay to the Treasurer the cost (as certified by IPART) involved in and in connection with carrying out IPART’s functions under this Division in relation to the licensee.

(2)  Without limitation, a licence may include terms and conditions relating to the determination of the cost of carrying out those functions.

87   Power to direct licensees to keep records and furnish information

For the purposes of monitoring and reporting under this Division, IPART may, by notice in writing served on a licensee, require the licensee:

(a)  to keep specified records, including any documents specified in the notice, and

(b)  to furnish specified information to IPART.

88   Failure to keep records or furnish information

(1)  A person must not, without reasonable excuse, refuse or fail to comply with a notice served under section 87.

(2)  Without limitation, it is a reasonable excuse for the purposes of subsection (1) that to comply with the notice might tend to incriminate a natural person or make the person liable to any forfeiture or penalty.

(3)  A person must not give to IPART any information that the person knows to be false or misleading in a material particular (unless the person informs IPART of that fact).

(4)  A person must not take any action that detrimentally affects the employment of another person, or threaten to do so, because that other person has assisted IPART in any investigation.

Maximum penalty: 100 penalty units or imprisonment for 6 months, or both.

89   Annual reports

(1)  As soon as practicable after 30 June (but on or before 31 October) in each year, IPART must prepare and forward to the Minister a report on the extent to which licensees have complied, or failed to comply, with the conditions imposed on their licences during the 12 months ending on 30 June in that year.

(2)  The Minister must lay the report or cause it to be laid before both Houses of Parliament as soon as practicable after receiving the report.