Document ID: chunk:federal_register_of_legislation:C2024C00495:section:128:p1
Version: federal_register_of_legislation:C2024C00495
Segment Type: section
Provision Reference: s 128 (pt 1/2)
Character Range: 160715–163521

128  Monitoring powers

Provisions subject to monitoring
 (1) The following provisions are subject to monitoring under Part 2 of the Regulatory Powers Act:
 (a) the provisions of this Act;
 (b) 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 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) there are no related provisions; and
 (b) the Executive Director and each authorised inspector is an authorised applicant; and
 (c) the Executive Director and each authorised inspector is an authorised person; and
 (d) an issuing officer (as defined in section 9 of this Act) is an issuing officer; and
 (e) the Executive Director is the relevant chief executive; and
 (f) each relevant court (as defined in section 9 of this Act) is a relevant court.

Additional monitoring powers
 (4) For the purposes of Part 2 of the Regulatory Powers Act, the additional powers mentioned in subsection (5) are also taken to be monitoring powers for the purposes of determining:
 (a) whether a provision mentioned in subsection (1) has been, or is being, complied with; or
 (b) the correctness of information mentioned in subsection (2).
 (5) The additional monitoring powers are the powers to take and keep samples of any substance at any premises entered under section 18 of the Regulatory Powers Act, as that section applies in relation to the provisions mentioned in subsection (1) or the information mentioned in subsection (2).

Persons assisting
 (6) 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).

Use of force in executing a warrant
 (7) 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