Document ID: chunk:federal_register_of_legislation:C2024C00118:section:23
Version: federal_register_of_legislation:C2024C00118
Segment Type: section
Provision Reference: s 23
Character Range: 35095–36784

23  Persons assisting authorised persons

Authorised persons may be assisted by other persons
 (1) An authorised person may be assisted by other persons in exercising powers or performing functions or duties under this Part, if:
 (a) that assistance is necessary and reasonable; and
 (b) another Act empowers the authorised person to be assisted.
A person giving such assistance is a person assisting the authorised person.

Powers, functions and duties of a person assisting
 (2) A person assisting the authorised person:
 (a) may enter the premises; and
 (b) may exercise powers under this Part for the purposes of assisting the authorised person to determine:
 (i) whether a provision subject to monitoring under this Part has been, or is being, complied with; or
 (ii) whether information subject to monitoring under this Part is correct; or
 (iii) a matter subject to monitoring under this Part; and
 (c) may exercise powers and perform functions and duties under this Part that are incidental to the powers mentioned in paragraph (b); and
 (d) must do so in accordance with a direction given to the person assisting by the authorised person.
 (3) A power exercised by a person assisting the authorised person as mentioned in subsection (2) is taken for all purposes to have been exercised by the authorised person.
 (4) A function or duty performed by a person assisting the authorised person as mentioned in subsection (2) is taken for all purposes to have been performed by the authorised person.
 (5) If a direction is given under paragraph (2)(d) in writing, the direction is not a legislative instrument.

Subdivision B—Powers to ask questions and seek production of documents