Road Vehicle Standards Act 2018
50Monitoring under Part 2 of the Regulatory Powers Act
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50 Monitoring under Part 2 of the Regulatory Powers Act
Provisions subject to monitoring (1) The following provisions are subject to monitoring under Part 2 of the Regulatory Powers Act: (a) a provision of this Act; (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, each of the following provisions is related to the provisions mentioned in subsection (1) and the information mentioned in subsection (2): (a) section 133G of the Competition and Consumer Act 2010; (b) a provision of the Australian Consumer Law relating to the safety of consumer goods; (c) a provision of Division 4 of Part 4 of the New Vehicle Efficiency Standard Act 2024. Authorised applicant, authorised person, issuing officer, relevant chief executive and relevant court (4) 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): (a) each of the following is an authorised applicant: (i) the Secretary; (ii) an SES employee, or an acting SES employee, in the Department; and (b) an inspector is an authorised person; and (c) each of the following is an issuing officer: (i) a magistrate; (ii) a Judge of a court of a State or Territory; (iii) a Judge of the Federal Court or the Federal Circuit and Family Court of Australia (Division 2); and (d) the Secretary is the relevant chief executive; and (e) a relevant court (as defined in section 5) is a relevant court. Person assisting (5) 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).