Document ID: chunk:federal_register_of_legislation:C2024C00561:section:130:p1
Version: federal_register_of_legislation:C2024C00561
Segment Type: section
Provision Reference: s 130 (pt 1/3)
Character Range: 187778–190512

130  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) a provision of the national code; or
 (c) a provision of the ELICOS Standards or Foundation Program Standards; or
 (d) 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 one or more of the following provisions is subject to monitoring under Part 2 of the Regulatory Powers Act:
 (a) a provision of this Act;
 (b) a provision of the national code;
 (c) a provision of the ELICOS Standards or Foundation Program Standards.
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.

Matter subject to monitoring
 (3) A matter is subject to monitoring under Part 2 of the Regulatory Powers Act if it is determining whether a registered provider, because of financial difficulty or any other reason, might not be able to:
 (a) provide courses to its accepted students; or
 (b) refund amounts to its accepted students under Division 2 of Part 5 of this Act.

Related provisions
 (4) For the purposes of Part 2 of the Regulatory Powers Act:
 (a) a provision covered by subsection 115(1) of the TEQSA Act is related to the provisions mentioned in subsection (1) of this section; and
 (b) a provision covered by subsection 115(2) of the TEQSA Act is related to the information mentioned in subsection (2) of this section.

Authorised applicant
 (5) For the purposes of Part 2 of the Regulatory Powers Act, an authorised officer of the ESOS agency for a registered provider is an authorised applicant in relation to the provisions mentioned in subsection (1), the information mentioned in subsection (2) and the matter mentioned in subsection (3).

Authorised person
 (6) For the purposes of Part 2 of the Regulatory Powers Act, an authorised officer of the ESOS agency for a registered provider is an authorised person in relation to the provisions mentioned in subsection (1), the information mentioned in subsection (2) and the matter mentioned in subsection (3).

Issuing officer
 (7) For the purposes of Part 2 of the Regulatory Powers Act, a magistrate is an issuing officer in relation to the provisions mentioned in subsection (1), the information mentioned in subsection (2) and the matter mentioned in subsection (3).

Relevant chief executive
 (8)