Document ID: chunk:federal_register_of_legislation:C2024C00489:section:43
Version: federal_register_of_legislation:C2024C00489
Segment Type: section
Provision Reference: s 43
Character Range: 149256–151308

43  Monitoring powers

Provisions subject to monitoring
 (1) The following provisions are subject to monitoring under Part 2 of the Regulatory Powers Act:
 (a) each provision of this Act;
 (b) an offence against the Crimes Act 1914 or the Criminal Code to the extent that it relates to 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 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.

Related provisions, authorised applicant, issuing officer, relevant chief executive and relevant court
 (3) For the purposes of Part 2 of the Regulatory Powers Act, as it applies in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2):
 (a) there are no related provisions; and
 (b) an inspector is an authorised applicant; and
 (c) a magistrate is an issuing officer; and
 (d) the Secretary is the relevant chief executive; and
 (e) the Court is the relevant court.

Authorised persons
 (4) For the purposes of Part 2 of the Regulatory Powers Act:
 (a) an inspector is an authorised person in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2); and
 (b) an officer of Customs is an authorised person in relation to either of sections 48 and 49 of this Act and the information given in compliance or purported compliance with either of those sections.

Person assisting
 (5) 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 the information mentioned in subsection (2).