130Monitoring powers

#### 130 Monitoring powers Provisions subject to monitoring (1) A provision is subject to monitoring under Part 2 of the Regulatory Powers Act if it is: (a) a provision of this Act; or (b) a provision of the national code; or (c) a provision of the ELICOS Standards or Foundation Program Standards; or (d) an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act. > Note: 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. Information subject to monitoring (2) Information given in compliance or purported compliance with one or more of the following provisions is subject to monitoring under Part 2 of the Regulatory Powers Act: (a) a provision of this Act; (b) a provision of the national code; (c) a provision of the ELICOS Standards or Foundation Program Standards. > 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. Matter subject to monitoring (3) A matter is subject to monitoring under Part 2 of the Regulatory Powers Act if it is determining whether a registered provider, because of financial difficulty or any other reason, might not be able to: (a) provide courses to its accepted students; or (b) refund amounts to its accepted students under Division 2 of Part 5 of this Act. Related provisions (4) For the purposes of Part 2 of the Regulatory Powers Act: (a) a provision covered by subsection 115(1) of the TEQSA Act is related to the provisions mentioned in subsection (1) of this section; and (b) a provision covered by subsection 115(2) of the TEQSA Act is related to the information mentioned in subsection (2) of this section. Authorised applicant (5) For the purposes of Part 2 of the Regulatory Powers Act, an authorised officer of the ESOS agency for a registered provider is an authorised applicant in relation to the provisions mentioned in subsection (1), the information mentioned in subsection (2) and the matter mentioned in subsection (3). Authorised person (6) For the purposes of Part 2 of the Regulatory Powers Act, an authorised officer of the ESOS agency for a registered provider is an authorised person in relation to the provisions mentioned in subsection (1), the information mentioned in subsection (2) and the matter mentioned in subsection (3). Issuing officer (7) For the purposes of Part 2 of the Regulatory Powers Act, a magistrate is an issuing officer in relation to the provisions mentioned in subsection (1), the information mentioned in subsection (2) and the matter mentioned in subsection (3). Relevant chief executive (8) For the purposes of Part 2 of the Regulatory Powers Act, the relevant chief executive in relation to the provisions mentioned in subsection (1), the information mentioned in subsection (2) and the matter mentioned in subsection (3) is: (a) to the extent that Part relates to an authorised person who is an authorised officer of TEQSA—the Chief Executive Officer of TEQSA; or (b) to the extent that Part relates to an authorised person who is an authorised officer of the National VET Regulator—the National VET Regulator; or (c) to the extent that Part relates to an authorised person who is an authorised officer of the Secretary—the Secretary; or (d) to the extent that Part relates to an authorised person who is an authorised officer of any other entity—the head (however described) of that entity. (9) The relevant chief executive covered by paragraph (8)(a), (b) or (c) may, in writing, delegate the powers and functions mentioned in subsection (10) to: (a) for the Chief Executive Officer of TEQSA—a member of the staff of TEQSA (within the meaning of the TEQSA Act) who is: (i) an SES employee or an acting SES employee; or (ii) an APS employee who holds or performs the duties of an Executive Level 1 or 2 position or an equivalent position; or (b) for the National VET Regulator—a member of the staff of the Regulator (within the meaning of the NVETR Act) who is: (i) an SES employee or an acting SES employee; or (ii) an APS employee who holds or performs the duties of an Executive Level 1 or 2 position or an equivalent position; or (c) for the Secretary—an SES employee, or an acting SES employee, in the Department. (10) The powers and functions that may be delegated are: (a) powers and functions under Part 2 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1), the information mentioned in subsection (2) and the matter mentioned in subsection (3); and (b) powers and functions under the Regulatory Powers Act that are incidental to a power or function mentioned in paragraph (a). (11) A person exercising powers or performing functions under a delegation under subsection (9) must comply with any directions of the relevant chief executive. Relevant court (12) For the purposes of Part 2 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1), the information mentioned in subsection (2) and the matter mentioned in subsection (3): (a) the Federal Court of Australia; (b) the Federal Circuit and Family Court of Australia (Division 2). Person assisting (13) 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), the information mentioned in subsection (2) and the matter mentioned in subsection (3). Use of force in executing a monitoring warrant (14) In executing a monitoring warrant under Part 2 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), the information mentioned in subsection (2) and the matter mentioned in subsection (3): (a) an authorised person may use such force against things as is necessary and reasonable in the circumstances; and (b) a person assisting the authorised person may use such force against things as is necessary and reasonable in the circumstances. Extension to external Territories (15) Part 2 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), the information mentioned in subsection (2) and the matter mentioned in subsection (3), extends to each external Territory mentioned in subsection 4B(1) of this Act.