7 Penalties and verification
Information provided to the Government during the implementation of the allocation regime must be a correct representation of the actual situation. The proposed rules governing the submission of data under Gazette notices do not contain requirements for mandatory third-party audits or verifications. However, data submitted under Gazette notices will need to be accompanied by a signed declaration, and the Government has the power under the Act to require any further information considered necessary.
The allocation regime relies on a series of penalties to prevent the provision of incorrect information. These include penalties for providing altered, false, incomplete or misleading information. Also, where information required to determine eligibility of an activity and to develop allocative baselines is not provided, the persons who do not provide this information will not be eligible for allocation.
To assist firms supplying accurate and complete data under Gazette notices the Government may consider engaging contractors to help firms collect and collate the data required.
Those firms who supply information to the Government (particularly under Gazette notices used to collect data) are strongly encouraged to quality assure the information provided to the Government under the allocation processes. Firms may wish to engage third parties to conduct this quality assurance.
The Government may also choose to verify applications for allocation that are made under regulations. The Act contains a general requirement for persons applying for allocation to keep sufficient records to enable the Government to verify that they are entitled to receive an allocation, the amount of production they reported and calculations of their allocation. This may require the Government to issue guidance about the types of records that should be kept.
Question 6
- Do you have any views about the types of records that should be kept by those applying under regulations for allocation to enable their applications to be verified by the Government?
