Document ID: chunk:federal_register_of_legislation:C2024C00820:section:109
Version: federal_register_of_legislation:C2024C00820
Segment Type: section
Provision Reference: s 109
Character Range: 167075–169252

109  Monitoring powers

Monitoring powers
 (1) The following provisions of this Act are subject to monitoring under Part 2 of the Regulatory Powers Act:
 (a) a civil penalty provision;
 (b) an offence against section 14 or 14A (penalties for unauthorised sharing, collection and use) and subsection 104(3) (failure to comply with notice given under subsection 104(1));
 (c) a provision of Chapter 3 (responsibilities of data scheme entities).
Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether a provision is being 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 Commissioner is an authorised applicant; and
 (c) the Commissioner is an authorised person; and
 (d) any judicial officer within the meaning of the Regulatory Powers Act is an issuing officer; and
 (e) the Commissioner is the relevant chief executive; and
 (f) each of the following is a relevant court:
 (i) the Federal Court;
 (ii) the Circuit Court;
 (iii) a court of a State or Territory that has jurisdiction in relation to matters arising under this Act.

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).
Note: The person assisting must have the necessary skills, qualifications or experience (see subsection 45(2)).