13   Periodical audits of safety and operating plans

(1)  A network operator must lodge with the Director-General in respect of its safety and operating plan a report on the plan from a nominated auditor that complies with subclause (2):

(a)  within the period of 28 days after each anniversary of the date of lodgment of the safety and operating plan under clause 8, or

(b)  within such other periods, of a lesser frequency, as the Director-General approves in writing in relation to the particular network operator.

Maximum penalty: 100 penalty units (in the case of a corporation) and 25 penalty units (in any other case).

(2)  The report must include a certificate by the nominated auditor that:

(a)  the safety and operating plan complies with Schedule 1, and

(b)  the measures implemented to prevent hazardous events identified in the plan from occurring, and intended to protect operating personnel, plant, equipment, the community and the environment should they occur, are being maintained, and

(c)  there are properly trained and equipped personnel available to maintain the plan, and

(d)  the plan is adequate and appropriate having regard to any changes in the gas network since the previous audit certificate was issued, and

(e)  any measures to rectify non-compliance with the plan detected in any previous audit have been undertaken and are effective.

(3)  The Director-General may, before the expiration of a period within which a certificate must be lodged by a network operator under subclause (1), extend that period by notice in writing if the network operator provides the Director-General with a report from a nominated auditor indicating:

(a)  an audit has been carried out, and

(b)  any failure to comply with the safety and operating plan, and

(c)  the measures that the network operator proposes to take to rectify any such non-compliance, and

(d)  the time within which the network operator has undertaken to rectify any such non-compliance.