49AMonitoring powers

49A 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 section 35AT or 45; or (b) a civil penalty provision 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 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.

Authorised applicant (3) For the purposes of Part 2 of the Regulatory Powers Act, a person who is appointed under subsection (4) is an authorised applicant in relation to the provisions mentioned in subsection (1) and information mentioned in subsection (2). (4) The Secretary may, by writing, appoint a person who: (a) is an SES employee, or an acting SES employee, in: (i) the Department; or (ii) a relevant Commonwealth regulator; or (b) holds, or is acting in, a position in a relevant Commonwealth regulator that is equivalent to, or higher than, a position occupied by an SES employee; to be an authorised applicant in relation to the provisions mentioned in subsection (1) and information mentioned in subsection (2).

Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.

Authorised person (5) For the purposes of Part 2 of the Regulatory Powers Act, a person who is appointed under subsection (6) is an authorised person in relation to the provisions mentioned in subsection (1) and information mentioned in subsection (2). (6) The Secretary may, by writing, appoint a person who is: (a) an APS employee in: (i) the Department; or (ii) a relevant Commonwealth regulator; or (b) an officer or employee of a relevant Commonwealth regulator; to be an authorised person in relation to the provisions mentioned in subsection (1) and information mentioned in subsection (2). 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 subsection (1) and information mentioned in subsection (2). 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 subsection (1) and information mentioned in subsection (2). (9) The relevant chief executive may, in writing, delegate the powers and functions mentioned in subsection (10) to a person who is an SES employee, or an acting SES employee, in the Department.