87Monitoring powers

#### 87 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) 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 a provision of this Act is subject to monitoring under Part 2 of the Regulatory Powers Act. > Note 1: The expression this Act has an extended meaning (see the Dictionary in section 5). > Note 2: 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, as that Part applies in relation to the provisions mentioned in subsection (1) and information mentioned in subsection (2), there are no related provisions. Authorised applicant (4) For the purposes of Part 2 of the Regulatory Powers Act, a GEMS inspector is an authorised applicant in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2). Authorised person (5) For the purposes of Part 2 of the Regulatory Powers Act, a GEMS inspector is an authorised person in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2). Issuing officer (6) If a person is an issuing officer for the purposes of this Act, then, for the purposes of Part 2 of the Regulatory Powers Act, the person is an issuing officer in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2). Relevant chief executive (7) For the purposes of Part 2 of the Regulatory Powers Act, the GEMS Regulator is the relevant chief executive in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2). (8) The GEMS Regulator may, by writing, delegate one or more of the GEMS Regulator’s powers or functions as the relevant chief executive under Part 2 of the Regulatory Powers Act, in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2), to an officer or employee of an agency (however described) of the Commonwealth, a State or a Territory. (9) However, the GEMS Regulator must not delegate a power or function, under subsection (8), to an officer or employee of an agency of a State or Territory without the agreement of the State or Territory. (10) A delegate of the GEMS Regulator is subject to the GEMS Regulator’s directions while exercising the delegate’s delegated powers and functions. Identity card for the GEMS Regulator (11) Despite subsection 35(1) of the Regulatory Powers Act, the Secretary must issue an identity card to the GEMS Regulator. Relevant court (12) If a court is a relevant court for the purposes of this Act, then, for the purposes of Part 2 of the Regulatory Powers Act, the court is a relevant court in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2). Person assisting (13) For the purposes of Part 2 of the Regulatory Powers Act, a GEMS inspector may be assisted by other persons in exercising powers or performing functions or duties under that Part in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2). Use of force in executing a 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) and the information mentioned in subsection (2): (a) a GEMS inspector may use such force against things as is necessary and reasonable in the circumstances; and (b) a person assisting a GEMS inspector 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) and the information mentioned in subsection (2), extends to every external Territory.