Document ID: chunk:federal_register_of_legislation:C2022C00002:clause:3_37:p1
Version: federal_register_of_legislation:C2022C00002
Segment Type: clause
Provision Reference: sch 3 cl 37 (pt 1/4)
Character Range: 32951–35734

37  At the end of Chapter 5
Add:

Part 5‑8—Regulatory powers

215‑1  What this Part is about

      Certain persons have monitoring and investigation powers under the Regulatory Powers Act to ensure this Act is being complied with.
      This Part also provides for the application of the Regulatory Powers Act in relation to civil penalties, infringement notices, enforceable undertakings and injunctions.

215‑5  Monitoring powers
 (1) The provisions of this Act (other than Schedule 1A) are subject to monitoring under Part 2 of the *Regulatory Powers Act.
Note 1: 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.
Note 2: Schedule 1A of this Act contains separate monitoring and investigation powers in relation to matters dealt with in that Schedule: see Subdivision 5A‑C of that Schedule.
 (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.
 (3) For the purposes of Part 2 of the *Regulatory Powers Act as it applies in relation to the provisions mentioned in subsection (1):
 (a) each *HESA investigator and *TEQSA investigator is an authorised applicant; and
 (b) each HESA investigator and TEQSA investigator is an authorised person; and
 (c) a *judicial officer is an issuing officer; and
 (d) for an authorised person who is a HESA investigator, the *Secretary is the relevant chief executive; and
 (e) for an authorised person who is a TEQSA investigator, the Chief Executive Officer of *TEQSA is the relevant chief executive; and
 (f) each *applicable court is a relevant court.
 (4) 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 this Act (other than Schedule 1A).

215‑10  Investigation powers
 (1) A provision is subject to investigation under Part 3 of the *Regulatory Powers Act if it is:
 (a) a *civil penalty provision of this Act (other than Schedule 1A); or
 (b) an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act (other than Schedule 1A).
Note 1: Part 3 of the Regulatory Powers Act creates a framework for investigating whether a provision has been contravened. It includes powers of entry, search and seizure.
Note 2: Schedule 1A of this Act contains separate monitoring and investigation powers in relation to matters dealt with in that Schedule: see Subdivision 5A‑C of that Schedule.
 (2) For the purposes of Part