(1) This section applies in relation to an investigation fee payable by a
person (the
"relevant person" ) for an investigation.
(2) The chief executive may
require, in writing, the relevant person to pay all or part of the
investigation fee in advance.
(3) The chief executive may make the
requirement before the investigation starts, or at any time during the
investigation.
(4) If the requirement is made before the investigation
starts, the chief executive may decide not to start the investigation until
the investigation fee or part of the fee is paid.
(5) If the requirement is
made during the investigation, the relevant person must pay the investigation
fee or part of the fee within 28 days after the requirement is made.
(6) The
investigation fee or part of the fee payable in advance must be—
(a) an
amount not more than the chief executive’s estimate or latest estimate of
the investigation fee; and
(b) reduced by the amount, if any, already paid by
the relevant person to the chief executive under this section in relation to
the investigation.
(7) As soon as reasonably practicable after the
investigation is finished the chief executive must—
(a) give the
relevant person a written itemised account of the costs comprising the
investigation fee; and
(ii) require, in writing, the relevant person to pay to
the chief executive, within 28 days after the requirement is made, the amount
of any shortfall between the amount already paid by the relevant person under
this section and the amount of the investigation fee.
(8) For subsection (7)
, an investigation is finished in relation to a relevant person if—
(a) both
of the following apply—
(i) the chief executive considers the
relevant person has failed to comply with a requirement made by the chief
executive under the Act , section 57 in relation to the investigation;
(ii)
the chief executive considers the investigation is finished; or
(b) the chief
executive considers the investigation has been completed for the chief
executive’s purposes under the Act , section 56 (2) .
(9) A relevant person
given a requirement under subsection (2) or (7) (b) (ii) must comply with the
requirement.
(10) A failure by the chief executive to comply with subsection
(7) (a) or (b) as soon as reasonably practicable after the investigation does
not affect the recovery of the amount of any shortfall mentioned in subsection
(7) (b) (ii) .
(11) In a proceeding to recover the amount of a shortfall
mentioned in subsection (7) (b) (ii) , a written itemised account of the costs
given to the relevant person for the investigation under subsection (7) (a) is
evidence of costs.
