21Monitoring powers

21 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: 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 the information mentioned in subsection (2), there are no related provisions. Authorised applicant and authorised person (4) For the purposes of Part 2 of the Regulatory Powers Act, an inspector or an auditor is both an authorised applicant and an authorised person in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2). Issuing officer (5) For the purposes of Part 2 of the Regulatory Powers Act, each of the following persons is an issuing officer in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2): (a) a magistrate; (b) a Judge of a court of a State or Territory; (c) if a Judge of the Federal Circuit and Family Court of Australia (Division 2) or a Judge of the Federal Court of Australia has consented to act as an issuing officer for the purposes of this Act and that consent is in force—the Judge. Relevant chief executive (6) For the purposes of Part 2 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2). (7) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers under Part 2 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2). (8) A person exercising powers or functions under a delegation under subsection (6) must comply with any directions of the Secretary. Relevant court (9) 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) and 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 (10) For the purposes of determining: (a) whether a provision mentioned in subsection (1) has been, or is being, complied with; or (b) the correctness of information mentioned in subsection (2); the additional power mentioned in subsection (11) is taken to be included in the monitoring powers under Part 2 of the Regulatory Powers Act. (11) The additional monitoring power is the power to take, test and analyse samples of any regulated timber product on premises entered under Part 2 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or the information mentioned in subsection (2). Person assisting (12) 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) and the information mentioned in subsection (2). Does not extend to external Territories (13) 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), does not extend to the external Territories.