Document ID: chunk:federal_register_of_legislation:C2018C00435:clause:7_87:p1
Version: federal_register_of_legislation:C2018C00435
Segment Type: clause
Provision Reference: sch 7 cl 87 (pt 1/2)
Character Range: 57197–59901

87  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) 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 1: The expression this Act has an extended meaning (see the Dictionary in section 5).
Note 2: 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, as that Part applies in relation to the provisions mentioned in subsection (1) and information mentioned in subsection (2), there are no related provisions.

Authorised applicant
 (4) For the purposes of Part 2 of the Regulatory Powers Act, a GEMS inspector is an authorised applicant in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).

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

Issuing officer
 (6) If a person is an issuing officer for the purposes of this Act, then, for the purposes of Part 2 of the Regulatory Powers Act, the person 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 GEMS Regulator is the relevant chief executive in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).
 (8) The GEMS Regulator may, by writing, delegate one or more of his or her powers or functions as the relevant chief executive under Part 2 of the Regulatory Powers Act, in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2), to an officer or employee of an agency (however described) of the Commonwealth, a State or a Territory.
 (9) However, the GEMS Regulator must not delegate a power or function, under subsection (8), to an officer or employee of an agency of a State or Territory without the agreement of the State or Territory.