Competition and Consumer Act 2010
58FIMonitoring or investigating—Minister may declare that alternative powers apply for other SPF sector regulators
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58FI Monitoring or investigating—Minister may declare that alternative powers apply for other SPF sector regulators
(1) This section applies if provisions of another law (the alternative power provisions):
(a) provide an entity with powers to:
(i) monitor compliance or purported compliance with provisions of a law (the alternative regulatory provisions); or
(ii) investigate provisions of a law (also the alternative regulatory provisions); or
(b) enable the effective operation and enforcement of such powers.
Note: Paragraph (b) covers, for example, a provision making it an offence to fail to appear to answer questions in relation to an investigation.
(2) The Minister may, by legislative instrument, declare that specified alternative power provisions (that relate to a specified entity and specified alternative regulatory provisions) also apply:
(a) to the entity in the entity’s capacity as the SPF sector regulator for a regulated sector; and
(b) in relation to specified provisions of the SPF code for the sector in a corresponding way to the way the alternative power provisions apply in relation to the alternative regulatory provisions.
(3) For the purposes of this additional application of the alternative power provisions, the instrument may specify modifications of one or more of those provisions to remove any doubt about how those provisions apply in such a corresponding way in relation to the specified provisions of the SPF code.
Note: The modifications are for this additional application of the alternative power provisions, and are not modifications of those provisions as they ordinarily apply.
(4) The instrument has effect accordingly.