Document ID: chunk:federal_register_of_legislation:C2024C00844:section:101a:p1
Version: federal_register_of_legislation:C2024C00844
Segment Type: section
Provision Reference: s 101A (pt 1/2)
Character Range: 313985–316697

101A  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 provision of the Crimes Act 1914 or the Criminal Code, to the extent that it relates to this Act.
Note 1: 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.
Note 2: Some provisions of this Act are taxation laws for the purposes of the Taxation Administration Act 1953 (see subsection 115B(2) and section 138). For provisions dealing with the Commissioner of Taxation's powers to obtain information and evidence in relation to taxation laws, see Division 353 in Schedule 1 to that Act.

Information subject to monitoring
 (2) Information given in compliance or purported compliance with 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, each of the following provisions is related to the provisions mentioned in subsection (1) and the information mentioned in subsection (2):
 (a) an offence provision, or a civil penalty provision, of the Taxation Administration Act 1953;
 (b) an offence provision, or a civil penalty provision, of the Corporations Act 2001.

Authorised applicant
 (4) For the purposes of Part 2 of the Regulatory Powers Act, each of the following persons is an authorised applicant in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2):
 (a) the Secretary;
 (b) an authorised officer.

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

Issuing officer
 (6) For the purposes of Part 2 of the Regulatory Powers Act, a person is an issuing officer in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2) if:
 (a) the person is:
 (i) a magistrate; or
 (ii) a Judge of a court of a State or Territory; or
 (iii) a Judge of the Federal Circuit and Family Court of Australia (Division 2) or of the Federal Court of Australia; and
 (b) if subparagraph (a)(iii) applies:
 (i) the Minister has, in writing, nominated the person to be such an issuing officer; and
 (ii) the person has consented to be such an issuing officer and the consent is in