49A Monitoring powers
Provisions subject to monitoring
A provision is subject to monitoring under Part 2 of the Regulatory Powers Act if it is:
an offence against section 35AT or 45; or
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
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
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).
The Secretary may, by writing, appoint a person who:
is an SES employee, or an acting SES employee, in:
the Department; or
a relevant Commonwealth regulator; or
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
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).
The Secretary may, by writing, appoint a person who is:
an APS employee in:
the Department; or
a relevant Commonwealth regulator; or
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
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
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).
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.
Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.
The powers and functions that may be delegated are:
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
powers and functions under the Regulatory Powers Act that are incidental to a power mentioned in paragraph (a).
A person exercising powers or performing functions under a delegation under subsection (9) must comply with any directions of the relevant chief executive.
Relevant court
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):
the Federal Court of Australia;
the Federal Circuit and Family Court of Australia (Division 2); and
a court of a State or Territory that has jurisdiction in relation to matters arising under this Act.
Premises
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
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).
External Territories
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.