115Monitoring powers

#### 115 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) a provision of this Act; or (b) a provision of an instrument made under subsection 58(1); or (c) 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, or of the Up‑front Payments Guidelines, 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: (a) a provision covered by subsection 130(1) of the Education Services for Overseas Students Act 2000 is related to the provisions mentioned in subsection (1) of this section; and (b) a provision covered by subsection 130(2) of the Education Services for Overseas Students Act 2000 is related to the information mentioned in subsection (2) of this section. Authorised applicant (4) For the purposes of Part 2 of the Regulatory Powers Act: (a) the Chief Executive Officer and each Commissioner and authorised officer is an authorised applicant in relation to: (i) a provision of this Act (except Part 5A); and (ii) a provision of an instrument made under subsection 58(1); and (iii) an offence against the Crimes Act 1914 or the Criminal Code that relates to a provision of this Act (except Part 5A); and (iv) information given in compliance or purported compliance with a provision of this Act (except Part 5A) or of the Up‑front Payments Guidelines; and (b) each HESA investigator and authorised officer is an authorised applicant in relation to: (i) a provision of Part 5A; and (ii) an offence against the Crimes Act 1914 or the Criminal Code that relates to a provision of Part 5A; and (iii) information given in compliance or purported compliance with a provision of Part 5A. Authorised person (5) For the purposes of Part 2 of the Regulatory Powers Act: (a) an authorised officer is an authorised person in relation to: (i) a provision of this Act (except Part 5A); and (ii) a provision of an instrument made under subsection 58(1); and (iii) an offence against the Crimes Act 1914 or the Criminal Code that relates to a provision of this Act (except Part 5A); and (iv) information given in compliance or purported compliance with a provision of this Act (except Part 5A) or of the Up‑front Payments Guidelines; and (b) each HESA investigator and authorised officer is an authorised person in relation to: (i) a provision of Part 5A; and (ii) an offence against the Crimes Act 1914 or the Criminal Code that relates to a provision of Part 5A; and (iii) information given in compliance or purported compliance with a provision of Part 5A. 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: (a) the Chief Executive Officer is a relevant chief executive in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2); and (b) the Secretary is also a relevant chief executive in relation to: (i) a provision of Part 5A; and (ii) an offence against the Crimes Act 1914 or the Criminal Code that relates to a provision of Part 5A; and (iii) information given in compliance or purported compliance with a provision of Part 5A. > Note: For delegation by the Chief Executive Officer, see subsection 154L(2). For delegation by the Secretary, see section 201A. 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 subsection (1) and the information mentioned in subsection (2): (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2). Person assisting (12) 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). Extension to external Territories (13) 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.