22Monitoring powers

22 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 provision of 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.

(2) Despite section 8 of the Regulatory Powers Act, a provision of a compliance agreement is also subject to monitoring under Part 2 of that Act. Information subject to monitoring (3) 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 (4) For the purposes of Part 2 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsections (1) and (2) and the information mentioned in subsection (3), there are no related provisions. Authorised applicant and authorised person (5) For the purposes of Part 2 of the Regulatory Powers Act, an authorised officer is both an authorised applicant and an authorised person in relation to the provisions mentioned in subsections (1) and (2) and the information mentioned in subsection (3). (6) However, an authorised officer appointed under subsection 40(2) of this Act is not an authorised applicant or an authorised person for the purposes of section 24 or 32 of the Regulatory Powers Act, as that section applies in relation to the provisions mentioned in subsections (1) and (2) of this section and the information mentioned in subsection (3) of this section. 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 subsections (1) and (2) and the information mentioned in subsection (3). Relevant chief executive (8) 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 subsections (1) and (2) and the information mentioned in subsection (3). (9) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers and functions under Part 2 of the Regulatory Powers Act in relation to the provisions mentioned in subsections (1) and (2) and the information mentioned in subsection (3). (10) A person exercising powers or performing functions under a delegation under subsection (9) must comply with any directions of the Secretary. 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 provisions mentioned in subsections (1) and (2) and the information mentioned in subsection (3): (a) the Federal Court of Australia; (b) the Federal Circuit and Family Court of Australia (Division 2); (c) a court of a State or Territory that has jurisdiction in relation to matters arising under this Act. Additional monitoring powers (12) For the purposes of Part 2 of the Regulatory Powers Act, the additional powers mentioned in subsection (13) are also taken to be monitoring powers for the purposes of determining: (a) whether a provision mentioned in subsection (1) or (2) has been, or is being, complied with; or (b) the correctness of information mentioned in subsection (3). (13) The additional monitoring powers are the powers to take and keep samples of any thing at any premises entered under section 18 of the Regulatory Powers Act, as that section applies in relation to the provisions mentioned in subsections (1) and (2) or the information mentioned in subsection (3). Person assisting (14) An authorised officer 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 subsections (1) and (2) and the information mentioned in subsection (3). Use of force in executing a warrant (15) In executing a monitoring warrant under Part 2 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsections (1) and (2) and the information mentioned in subsection (3): (a) an authorised officer may use such force against things as is necessary and reasonable in the circumstances; and (b) a person assisting an authorised officer may use such force against things as is necessary and reasonable in the circumstances. Extension to external Territories (16) Part 2 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsections (1) and (2) and the information mentioned in subsection (3), extends to any external Territory to which this Act extends because of regulations made for the purpose of section 4.