a commodity broker or a commodity futures broker fails to lodge an auditor’s report as is required under regulations made pursuant to section 22(2)(h); or
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(b)
the Board receives an auditor’s report on any matter adversely affecting the financial position of the broker or such other matter as the auditor is required to report under regulations made pursuant to section 22(2)(e),
the Board may, without prejudice to its powers under section 28, if it is satisfied that it is in the interests of the commodity broker, commodity futures broker, the customers of the commodity broker or commodity futures broker or the general public to do so, appoint in writing an auditor to examine and audit, either generally or in relation to any particular matter, the books, accounts and records of the futures broker.
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(2) Where the Board is of the opinion that the whole or any part of the costs and expenses of an auditor appointed by it under subsection (1) should be borne by the commodity brokeror commodity futures broker, the Board may, by order in writing, direct the commodity broker or commodity futures broker to pay a specified amount, being the whole or part of such costs and expenses, within the time and in the manner specified in the order.
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(3) Where a commodity broker or a commodity futures broker fails to comply with an order under subsection (2), the amount specified in the order may be sued for and recovered by the Board as a debt due to the Board.
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(4) An auditor appointed under this section shall, on the conclusion of the examination and audit, make a report thereon to the Board.