85Monitoring powers

85 Monitoring powers

Provisions subject to monitoring (1) The following provisions are subject to monitoring under Part 2 of the Regulatory Powers Act: (a) the provisions of this Act and the regulations; (b) an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act or the regulations.

Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether this Act and the regulations have 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 or the regulations 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 (4) For the purposes of Part 2 of the Regulatory Powers Act, an 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, an inspector is an authorised person in relation to the provisions mentioned in subsection (1) and 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 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 Director is the relevant chief executive in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2). (8) The Director may, in writing, delegate the Director’s powers and functions 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: (a) a person whose classification level appears in Group 7 or 8 of Schedule 1 to the Classification Rules under the Public Service Act 1999; or (b) a person who is acting in a position usually occupied by a person with a classification level of a kind mentioned in paragraph (a). 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 Court of Australia; (c) a court of a State or Territory that has jurisdiction in relation to matters arising under this Act. Person assisting (10) For the purposes of Part 2 of the Regulatory Powers Act, an 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 (11) 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) or the information mentioned in subsection (2): (a) an inspector may use such force against things as is necessary and reasonable in the circumstances; and (b) a person assisting an inspector may use such force against things as is necessary and reasonable in the circumstances. Additional monitoring powers (12) 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 powers mentioned in subsection (13) are taken to be included in the monitoring powers under Part 2 of the Act. (13) The additional monitoring powers are the powers to take and keep samples of any substance at any premises entered under section 18 of the Regulatory Powers Act, as that section applies in relation to the provisions mentioned in subsection (1) or the information mentioned in subsection (2). Extension to external Territories (14) 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.