Document ID: chunk:federal_register_of_legislation:C2024C00639:section:98
Version: federal_register_of_legislation:C2024C00639
Segment Type: section
Provision Reference: s 98
Character Range: 150688–152421

98  Additional monitoring powers etc.

Additional monitoring powers
 (1) For the purposes of Part 2 of the Regulatory Powers Act, the additional powers mentioned in subsection (2) are also taken to be monitoring powers for the purposes of determining:
 (a) whether a provision of this Act, or an offence provision of the Crimes Act 1914 or the Criminal Code, to the extent that the provision relates to this Act, has been, or is being, complied with; or
 (b) the correctness of information given in compliance or purported compliance with a provision of this Act.
 (2) The additional monitoring powers are:
 (a) the powers to take, test and analyse samples of any thing on premises entered under Part 2 of the Regulatory Powers Act; and
 (b) the power to secure premises entered under Part 2 of the Regulatory Powers Act; and
 (c) the power to secure things on premises entered under Part 2 of the Regulatory Powers Act for the purpose of testing or analysing those things.

Identity cards
 (3) Part 2 of the Regulatory Powers Act applies in relation to the provisions of this Act as if a reference in that Part to an identity card were a reference to an identity card issued under section 123 of this Act.
 (4) The following provisions of the Regulatory Powers Act do not apply in relation to the provisions of this Act:
 (a) the definition of identity card in section 4;
 (b) section 13;
 (c) Division 8 of Part 2.

Use of reasonable force
 (5) In executing a monitoring warrant:
 (a) an authorised person may use such force against things as is necessary and reasonable in the circumstances; and
 (b) a person assisting the authorised person may use such force against things as is necessary and reasonable in the circumstances.