60Monitoring powers

60 Monitoring powers

Provisions subject to monitoring (1) The following provisions are subject to monitoring under Part 2 of the Regulatory Powers Act: (a) a civil penalty provision of this Act; (b) an offence provision of 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 the following provisions is subject to monitoring under Part 2 of the Regulatory Powers Act: (a) section 16 (entity’s advice about expected designated quantity); (b) section 17 (application to temporarily reduce quantity of stocks of MSO product); (c) section 28 (application for suspension by Secretary); (d) section 30 (notice of MSO activity in relation to MSO product); (e) section 31 (notice of intention to cease all MSO activities in relation to MSO product); (h) section 36 (MSO compliance plan); (i) section 39 (application for fuel security services payment); (j) section 47 (reporting during commitment period); (k) section 48 (notification of events during commitment period); (l) section 78 (further information about applications, notices and advice).

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 (3) For the purposes of Part 2 of the Regulatory Powers Act, each of the following provisions is related to the provisions mentioned in subsection (1) and the information mentioned in subsection (2): (a) section 11 of the Petroleum and Other Fuels Reporting Act 2017; (b) a civil penalty provision of the Fuel Quality Standards Act 2000; (c) an offence provision of the Fuel Quality Standards Act 2000. Authorised applicant, authorised person, issuing officer, relevant chief executive and relevant court (4) 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 the information mentioned in subsection (2): (a) the Secretary is an authorised applicant; and (b) a person appointed under section 80 is an authorised person; and (c) a magistrate is an issuing officer; and (d) the Secretary is the relevant chief executive; and (e) each of the following 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 the matter. (5) The relevant chief executive may, in writing, delegate the powers and functions mentioned in subsection (6) to an SES employee, or acting SES employee, in the Department.