13Monitoring powers

13 Monitoring powers

Provisions subject to monitoring (1) The levy law 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 levy law 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 levy law or Division 1 of this Part 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 (3) For the purposes of Part 2 of the Regulatory Powers Act, as that Part applies in relation to the levy law and to the information mentioned in subsection (2), there are no related provisions. Authorised applicant (4) If a person is an authorised person for the purposes of any provision of this Act, then, for the purposes of Part 2 of the Regulatory Powers Act, the person is an authorised applicant in relation to the levy law and to the information mentioned in subsection (2). Authorised person (5) If a person is an authorised person for the purposes of any provision of this Act, then, for the purposes of Part 2 of the Regulatory Powers Act, the person is an authorised person in relation to the levy law and to the information mentioned in subsection (2). Issuing officer (6) For the purposes of Part 2 of the Regulatory Powers Act, a magistrate is an issuing officer in relation to the levy law and to the information mentioned in subsection (2). Relevant chief executive (7) For the purposes of Part 2 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to the levy law and to the information mentioned in subsection (2). (8) The Secretary may, in writing, delegate the powers under Part 2 of the Regulatory Powers Act in relation to the levy law, or in relation to the information mentioned in subsection (2), to an APS employee in the Department. (9) In the exercise of a power delegated under subsection (8), a delegate is subject to the directions of the Secretary. (10) If the Secretary gives a direction under subsection (9) in writing, the direction is not a legislative instrument. Relevant court (11) For the purposes of Part 2 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the levy law and to the information mentioned in subsection (2): (a) the Federal Court of Australia; (b) the Federal Circuit and Family Court of Australia (Division 2). Additional monitoring powers (12) For the purposes of determining: (a) whether a provision of the levy law has been, or is being, complied with; or (b) the correctness of information mentioned in subsection (2); the additional power mentioned in subsection (13) is taken to be included in the monitoring powers under Part 2 of the Regulatory Powers Act. (13) The additional monitoring power is the power to seize any thing at any premises entered under section 18 of the Regulatory Powers Act, as that section applies in relation to the levy law or the information mentioned in subsection (2). Person assisting (14) For the purposes of Part 2 of the Regulatory Powers Act, an authorised person may be assisted by other persons in exercising powers or performing functions or duties under that Part in relation to the levy law and to the information mentioned in subsection (2).