181Monitoring powers

181 Monitoring powers

Provisions subject to monitoring

(1) The following provisions are subject to monitoring under Part 2 of the Regulatory Powers Act:

(a) a provision of Part 6 or 7, or Division 3 or 4 of Part 8, of this Act or subsection 194(1) or 195(1) of this Act;

(b) an offence provision of the Crimes Act 1914 or the Criminal Code, to the extent that it relates to Part 6 or 7, or Division 3 or 4 of Part 8, of this Act.

Note 1: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether this Act has been complied with. It includes powers of entry and inspection.

Note 2: See also section 188 of this Act for the ACCC’s monitoring powers in relation to certain other provisions of this Act.

Information subject to monitoring

(2) Information given in compliance or purported compliance with this Act is subject to monitoring under Part 2 of the Regulatory Powers Act.

Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether the information is correct. It includes powers of entry and inspection.

Related provisions, authorised applicant, authorised person, issuing officer, relevant chief executive and relevant court

(3) For the purposes of Part 2 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1) and information mentioned in subsection (2):

(a) there are no related provisions; and

(b) an inspector is an authorised applicant; and

(c) an inspector is an authorised person; and

(d) a magistrate is an issuing officer; and

(e) the Reserve Bank is the relevant chief executive; and

(f) each of the following courts is a relevant court:

(i) the Federal Court of Australia;

(ii) the Federal Circuit and Family Court of Australia (Division 2);

(iii) a court of a State or Territory that has jurisdiction in relation to matters arising under this Act.

Additional monitoring powers

(4) For the purposes of determining:

(a) whether a provision mentioned in subsection (1) has been, or is being, complied with; or

(b) the correctness of information mentioned in subsection (2);

the additional powers mentioned in subsection (5) are taken to be included in the monitoring powers under Part 2 of the Regulatory Powers Act.

(5) The additional monitoring powers are substantiating information mentioned in subsection (2).

Person assisting

(6) An authorised person may be assisted by other persons in exercising powers or performing functions or duties under Part 2 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).