Document ID: chunk:federal_register_of_legislation:C2025C00178:section:74
Version: federal_register_of_legislation:C2025C00178
Segment Type: section
Provision Reference: s 74
Character Range: 76819–79076

74  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 (other than section 17); or
 (b) an offence provision of 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 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, authorised applicant, authorised person, issuing officer, relevant chief executive and relevant court
 (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 the information mentioned in subsection (2):
 (a) a provision of Part 2 of the Road Vehicle Standards Act 2018 is related to those provisions and that information; and
 (b) each of the following is an authorised applicant:
 (i) the Secretary;
 (ii) an SES employee, or acting SES employee, in the Department; and
 (c) an inspector is an authorised person; and
 (d) each of the following is an issuing officer;
 (i) a magistrate;
 (ii) a Judge of a relevant court; and
 (e) the Secretary is the relevant chief executive; and
 (f) a relevant court (as defined in section 10 of this Act) is a relevant court.

Person assisting
 (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 the provisions mentioned in subsection (1) and the information mentioned in subsection (2).

Extension to external Territories
 (5) Part 2 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2), extends to every external Territory.

Division 4—Investigation