Document ID: chunk:federal_register_of_legislation:C2021A00032:clause:5_115:p1
Version: federal_register_of_legislation:C2021A00032
Segment Type: clause
Provision Reference: sch 5 cl 115 (pt 1/2)
Character Range: 77641–80383

115  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) a provision of this Act; or
 (b) a provision of an instrument made under subsection 58(1); or
 (c) an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act.
Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether this Act 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 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
 (3) For the purposes of Part 2 of the Regulatory Powers Act:
 (a) a provision covered by subsection 130(1) of the Education Services for Overseas Students Act 2000 is related to the provisions mentioned in subsection (1) of this section; and
 (b) a provision covered by subsection 130(2) of the Education Services for Overseas Students Act 2000 is related to the information mentioned in subsection (2) of this section.

Authorised applicant
 (4) For the purposes of Part 2 of the Regulatory Powers Act, each of the following persons is an authorised applicant in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2):
 (a) a Commissioner;
 (b) the Chief Executive Officer;
 (c) an authorised officer.

 Authorised person
 (5) For the purposes of Part 2 of the Regulatory Powers Act, an authorised officer is an authorised person in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).

Issuing officer
 (6) 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 the information mentioned in subsection (2).

Relevant chief executive
 (7) For the purposes of Part 2 of the Regulatory Powers Act, the Chief Executive Officer is the relevant chief executive in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).
 (8) The Chief Executive Officer may, in writing, delegate the powers and functions mentioned in subsection (9) to a member of the staff of TEQSA who is:
 (a) an SES employee or an acting SES employee; or
 (b) an APS employee who holds or performs the duties of an Executive Level 1 or 2 position or an equivalent position.
 (9) The powers and functions that may be delegated are:
 (a) powers and functions