Division 3—Monitoring and investigation powers

Provisions subject to monitoring

• (1) The following provisions are subject to monitoring under Part 2 of the Regulatory Powers Act:
• (a) each civil penalty provision of this Act;
• (b) each civil penalty provision of Division 1A of Part 6 of the Intelligence Services Act 2001;
• (c) sections 15 and 16 of this Act.

Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether the provisions have 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 mentioned in subsection (1) 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.

Authorised applicant

• (3) For the purposes of Part 2 of the Regulatory Powers Act, a person who is appointed under subsection (4) is an authorised applicant in relation to the provisions mentioned in subsection (1) and information mentioned in subsection (2).
• (4) The Secretary may, by writing, appoint a person who:
• (a) is an SES employee, or an acting SES employee, in:
  • (i) the Department; or
  • (ii) a designated Commonwealth body; or
• (b) holds, or is acting in, a position in a designated Commonwealth body that is equivalent to, or higher than, a position occupied by an SES employee;

to be an authorised applicant in relation to the provisions mentioned in subsection (1) and information mentioned in subsection (2).

Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.

Authorised person

• (5) For the purposes of Part 2 of the Regulatory Powers Act, a person who is appointed under subsection (6) is an authorised person in relation to the provisions mentioned in subsection (1) and information mentioned in subsection (2).
• (6) The Secretary may, by writing, appoint a person who is:
• (a) an APS employee in:
  • (i) the Department; or
  • (ii) a designated Commonwealth body; or
• (b) an officer or employee of a designated Commonwealth body;

to be an authorised person in relation to the provisions mentioned in subsection (1) and information mentioned in subsection (2).

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) and information mentioned in subsection (2).

Relevant chief executive

• (8) 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 information mentioned in subsection (2).

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 information mentioned in subsection (2):
• (a) the Federal Court of Australia;
• (b) the Federal Circuit and Family Court of Australia (Division 2);
• (c) a court of a State or Territory that has jurisdiction in relation to matters arising under this Act.

Premises

• (10) An authorised person must not enter premises under Part 2 of the Regulatory Powers Act, as it applies in relation to the provisions mentioned in subsection (1) and information mentioned in subsection (2), if the premises are used solely or primarily as a residence.

Provisions subject to investigation

• (1) Each civil penalty provision of this Act, and each civil penalty provision of Division 1A of Part 6 of the Intelligence Services Act 2001, is subject to investigation under Part 3 of the Regulatory Powers Act.

Authorised applicant

• (2) For the purposes of Part 3 of the Regulatory Powers Act, a person who is appointed under subsection (3) is an authorised applicant in relation to evidential material that relates to a provision mentioned in subsection (1).
• (3) The Secretary may, by writing, appoint a person who:
• (a) is an SES employee, or an acting SES employee, in:
  • (i) the Department; or
  • (ii) a designated Commonwealth body; or
• (b) holds, or is acting in, a position in a designated Commonwealth body that is equivalent to, or higher than, a position occupied by an SES employee;

to be an authorised applicant in relation to evidential material that relates to a provision mentioned in subsection (1).

Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.

Authorised person

• (4) For the purposes of Part 3 of the Regulatory Powers Act, a person who is appointed under subsection (5) is an authorised person in relation to evidential material that relates to a provision mentioned in subsection (1).
• (5) The Secretary may, by writing, appoint a person who is:
• (a) an APS employee in:
  • (i) the Department; or
  • (ii) a designated Commonwealth body; or
• (b) an officer or employee of a designated Commonwealth body;

to be an authorised person in relation to evidential material that relates to a provision mentioned in subsection (1).

Issuing officer

• (6) For the purposes of Part 3 of the Regulatory Powers Act, a magistrate is an issuing officer in relation to evidential material that relates to a provision mentioned in subsection (1).

Relevant chief executive

• (7) For the purposes of Part 3 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to evidential material that relates to a provision mentioned in subsection (1).

Relevant court

• (8) For the purposes of Part 3 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to evidential material that relates to a provision mentioned in subsection (1):
• (a) the Federal Court of Australia;
• (b) the Federal Circuit and Family Court of Australia (Division 2);
• (c) a court of a State or Territory that has jurisdiction in relation to matters arising under this Act.