Document ID: chunk:federal_register_of_legislation:C2024C00505:section:74b:p1
Version: federal_register_of_legislation:C2024C00505
Segment Type: section
Provision Reference: s 74B (pt 1/2)
Character Range: 138816–141558

74B  Monitoring powers

Provisions subject to monitoring
 (1) The following provisions are subject to monitoring under Part 2 of the Regulatory Powers Act:
 (a) subsections 74AC(1) and 74AD(1) of this Act;
 (b) a provision of Chapter 4 of the Aged Care Act.
Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether a provision 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 Chapter 4 of the Aged Care 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.

Related provisions
 (3) For the purposes of Part 2 of the Regulatory Powers Act, a provision of the Aged Care Act that is referred to in Chapter 4 of the Aged Care Act is related to the provision mentioned in paragraph (1)(b) and the information mentioned in subsection (2).

Authorised applicant, authorised person, issuing officer, relevant chief executive and relevant court
 (4) For the purposes of Part 2 of the Regulatory Powers Act as it applies in relation to a provision mentioned in subsection (1) and the information mentioned in subsection (2):
 (a) an authorised officer is an authorised applicant; and
 (b) an authorised officer is an authorised person; and
 (c) a magistrate is an issuing officer; and
 (d) the Commissioner is the relevant chief executive; and
 (e) each of the following is a relevant court:
 (i) the Federal Court;
 (ii) the Federal Circuit and Family Court of Australia (Division 2);
 (iii) a court of a State or Territory that has jurisdiction in relation to matters arising under this Act, the Aged Care Act or the Aged Care (Transitional Provisions) Act 1997.

Persons assisting
 (5) An authorised officer may be assisted by other persons in exercising powers or performing functions under Part 2 of the Regulatory Powers Act in relation to a provision mentioned in subsection (1) and the information mentioned in subsection (2).

Use of force in executing warrant
 (6) In executing a warrant issued under Part 2 of the Regulatory Powers Act, as it applies in relation to a provision mentioned in subsection (1) and the information mentioned in subsection (2):
 (a) an authorised officer may use such force against things as is necessary and reasonable in the circumstances; and
 (b) a person assisting the officer may use such force against things as is necessary and reasonable in the circumstances.

Extension to external Territories
 (7) Part 2 of the Regulatory Powers Act, as it applies in relation to a