284AMonitoring powers

#### 284A 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) an offence against a provision of Part 4.1 of this Act; or (b) a civil penalty provision of Part 4.1 of this Act; or (c) an offence against subsection 284J(8) of this Act. > Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether the provisions 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) a provision of Part 4.1; or (b) subsection 284J(8); 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. Authorised applicant (3) For the purposes of Part 2 of the Regulatory Powers Act, an inspector who: (a) is covered by paragraph 284(1)(a), (b), (c) or (d); and (b) is not a member of the police force of a State or Territory; is an authorised applicant in relation to the provisions mentioned in subsection (1) of this section and information mentioned in subsection (2) of this section. Authorised person (4) For the purposes of Part 2 of the Regulatory Powers Act, an inspector who: (a) is covered by paragraph 284(1)(a), (b), (c) or (d); and (b) is not a member of the police force of a State or Territory; is an authorised person in relation to the provisions mentioned in subsection (1) of this section and information mentioned in subsection (2) of this section. 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 information mentioned in subsection (2): (a) if a Judge of the Federal Court has consented to act as an issuing officer for the purposes of this Act and that consent is in force—the Judge; (b) if a Judge of the Federal Circuit and Family 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; (c) a magistrate. Relevant chief executive (6) For the purposes of Part 2 of the Regulatory Powers Act, the Chair of the ACMA is the relevant chief executive in relation to the provisions mentioned in subsection (1) and information mentioned in subsection (2). (7) The relevant chief executive may, in writing, delegate the powers and functions mentioned in subsection (8) to a person who is: (a) a member of the staff of the ACMA; and (b) an SES employee or an acting SES employee. (8) The powers and functions that may be delegated are: (a) powers under Part 2 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) and information mentioned in subsection (2); and (b) powers and functions under the Regulatory Powers Act that are incidental to a power mentioned in paragraph (a). (9) A person exercising powers or performing functions under a delegation under subsection (7) must comply with any directions of the relevant chief executive. Relevant court (10) 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 information mentioned in subsection (2): (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia. Premises (11) For the purposes of Part 2 of the Regulatory Powers Act, as it applies in relation to the provisions mentioned in subsection (1) and information mentioned in subsection (2), each of the following is taken to be premises: (a) a vessel; (b) an aircraft; (c) a space object. (12) An authorised person must not enter premises under Part 2 of the Regulatory Powers Act, as it applies in relation to the provisions mentioned in subsection (1) and information mentioned in subsection (2), if the premises are used solely or primarily as a residence. Person assisting (13) 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 information mentioned in subsection (2). Use of force in executing a warrant (14) In executing a monitoring warrant: (a) an authorised person may use such force against things as is necessary and reasonable in the circumstances; and (b) a person assisting the authorised person may use such force against things as is necessary and reasonable in the circumstances. External Territories (15) Part 2 of the Regulatory Powers Act, as it applies in relation to the provisions mentioned in subsection (1) and information mentioned in subsection (2), extends to every external Territory. Geographical application (16) Sections 16, 17, 17A and 18 have effect as if a reference in those sections to this Act included a reference to Part 2 of the Regulatory Powers Act, as it applies in relation to the provisions mentioned in subsection (1) of this section and information mentioned in subsection (2) of this section.