Document ID: chunk:federal_register_of_legislation:C2021C00345:clause:6_284a:p1
Version: federal_register_of_legislation:C2021C00345
Segment Type: clause
Provision Reference: sch 6 cl 284A (pt 1/3)
Character Range: 201806–204443

284A  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 a provision of Part 4.1 of this Act; or
 (b) a civil penalty provision of Part 4.1 of this Act; or
 (c) an offence against subsection 284J(8) 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) a provision of Part 4.1; or
 (b) subsection 284J(8);
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, an inspector who:
 (a) is covered by paragraph 284(1)(a), (b), (c) or (d); and
 (b) is not a member of the police force of a State or Territory;
is an authorised applicant in relation to the provisions mentioned in subsection (1) of this section and information mentioned in subsection (2) of this section.

Authorised person
 (4) For the purposes of Part 2 of the Regulatory Powers Act, an inspector who:
 (a) is covered by paragraph 284(1)(a), (b), (c) or (d); and
 (b) is not a member of the police force of a State or Territory;
is an authorised person in relation to the provisions mentioned in subsection (1) of this section and information mentioned in subsection (2) of this section.

Issuing officer
 (5) For the purposes of Part 2 of the Regulatory Powers Act, each of the following persons is an issuing officer in relation to the provisions mentioned in subsection (1) and information mentioned in subsection (2):
 (a) if a Judge of the Federal Court has consented to act as an issuing officer for the purposes of this Act and that consent is in force—the Judge;
 (b) if a Judge of the Federal Circuit Court of Australia has consented to act as an issuing officer for the purposes of this Act and that consent is in force—the Judge;
 (c) a magistrate.

Relevant chief executive
 (6) For the purposes of Part 2 of the Regulatory Powers Act, the Chair of the ACMA is the relevant chief executive in relation to the provisions mentioned in subsection (1) and information mentioned in subsection (2).
 (7) The relevant chief executive may, in writing, delegate the powers and functions mentioned in subsection (8) to a person who is:
 (a) a member of the staff