Victorian Current Acts

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Powers of auditors

    (1)     An auditor may at any time, with such assistance as he or she reasonably requires, for the purpose of carrying out an audit under this Act enter the premises of an ambulance service and may—

        (a)     inspect the premises; and

        (b)     inspect, take possession of, make copies of or take extracts from any document; and

        (c)     ask questions of any—

              (i)     person who is engaged or employed by the ambulance service;

              (ii)     director of the ambulance service.

    (2)     If any document is seized under subsection (1), the auditor must return the document to the ambulance service within 7 days after it is seized.

    (3)     A person must not refuse or fail to give full and true answers to the best of that person's knowledge to any questions asked by an auditor in the performance or exercise of any power under this Act.

Penalty:     60 penalty units.

    (4)     An answer given pursuant to a requirement under subsection (3) is not admissible in evidence against the person in criminal proceedings other than proceedings under this section.

    (5)     A person must not, in purported compliance with this section, give information or make a statement that is false or misleading in a material particular.

Penalty:     60 penalty units.

    (6)     It is a defence in proceedings under subsection (5) if the person proves that he or she did not know that the information or statement was false or misleading.

    (7)     A person must not obstruct or hinder an auditor in the performance or exercise of the auditor's powers under this Act.

Penalty:     60 penalty units.

    (8)     An auditor must produce a copy of his or her authorisation to act as an auditor if requested to do so.

S. 38B inserted by No. 51/2004 s. 18.

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