Document ID: chunk:federal_register_of_legislation:C2018C00435:clause:9_21:p1
Version: federal_register_of_legislation:C2018C00435
Segment Type: clause
Provision Reference: sch 9 cl 21 (pt 1/2)
Character Range: 98859–101575

21  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) 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
 (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), there are no related provisions.

Authorised applicant and authorised person
 (4) For the purposes of Part 2 of the Regulatory Powers Act, an inspector is both an authorised applicant and an authorised person in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).

Issuing officer
 (5) For the purposes of Part 2 of the Regulatory Powers Act, each of the following persons is an issuing officer in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2):
 (a) a magistrate;
 (b) a Judge of a court of a State or Territory;
 (c) if a Judge of the Federal Circuit Court of Australia or a Judge of the Federal Court of Australia has consented to act as an issuing officer for the purposes of this Act and that consent is in force—the Judge.

Relevant chief executive
 (6) For the purposes of Part 2 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).
 (7) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary's powers under Part 2 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).
 (8) A person exercising powers or functions under a delegation under subsection (6) must comply with any directions of the Secretary.

Relevant court
 (9) For the purposes of Part 2 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection