Document ID: chunk:federal_register_of_legislation:C2022A00092:clause:1_179:p1
Version: federal_register_of_legislation:C2022A00092
Segment Type: clause
Provision Reference: sch 1 cl 179 (pt 1/2)
Character Range: 130743–133409

179  Monitoring and investigation

Application of regulatory powers
(1) Part 2 of the Regulatory Powers Act applies as described in the OPSGGM Act (as amended by Part 1 of this Schedule) in relation to determining, on or after the commencement of this item:
 (a) whether a provision mentioned in subsection 50(1) of the OPSGGM Act (as so amended) has been or is being complied with on or after that commencement; or
 (b) whether a provision of the OPSGGM Act or the OPSGGM regulations (as in force at any time before that commencement) has been or is being complied with before, on or after that commencement; or
 (c) the correctness of information given on or after that commencement in compliance, or purported compliance, with a provision mentioned in subsection 50(2) of the OPSGGM Act (as so amended); or
 (d) the correctness of information given before, on or after that commencement in compliance, or purported compliance, with the OPSGGM Act or the OPSGGM regulations (as in force at any time before that commencement).
(2) Part 3 of the Regulatory Powers Act applies as described in the OPSGGM Act (as amended by Part 1 of this Schedule) in relation to evidential material that relates to:
 (a) a contravention or suspected contravention, on or after the commencement of this item, of a provision mentioned in subsection 52(1) of the OPSGGM Act (as so amended); or
 (b) a contravention or suspected contravention, before, on or after the commencement of this item, of:
 (i) a provision of the OPSGGM Act or the OPSGGM regulations (as in force at any time before that commencement) that created an offence against that Act or those regulations; or
 (ii) section 137.1 or 137.2 of the Criminal Code, in so far as those sections relate to the OPSGGM Act or the OPSGGM regulations (as in force at any time before that commencement); or
 (iii) a civil penalty provision of the OPSGGM Act or the OPSGGM regulations (as in force at any time before that commencement).

Saving provisions of the old OPSGGM Act
(3) Division 1 of Part VIII of the OPSGGM Act, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to the following:
 (a) an application for a warrant made, but not decided, before that commencement under section 55E or 55F of the OPSGGM Act (as in force immediately before that commencement);
 (b) a warrant issued, or completed and signed, before, on or after that commencement under section 55E or 55F of the OPSGGM Act (as in force immediately before that commencement) as a result of an application made before that commencement;
 (c) powers exercised, rights created and duties