Document ID: chunk:federal_register_of_legislation:C2024A00098:section:80:p1
Version: federal_register_of_legislation:C2024A00098
Segment Type: section
Provision Reference: s 80 (pt 1/2)
Character Range: 122834–125627

80  Monitoring powers

Provisions subject to monitoring
 (1) The following provisions are subject to monitoring under Part 2 of the Regulatory Powers Act:
 (a) each civil penalty provision of this Act;
 (b) each civil penalty provision of Division 1A of Part 6 of the Intelligence Services Act 2001;
 (c) sections 15 and 16 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 mentioned in subsection (1) 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 designated Commonwealth body; or
 (b) holds, or is acting in, a position in a designated Commonwealth body 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 designated Commonwealth body; or
 (b) an officer or employee of a designated Commonwealth body;
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).

Relevant court
 (9)