Monitoring compliance with an SPF code—default
58FE Monitoring compliance with an SPF code—default
No alternative monitoring powers apply
This section applies for the SPF code for a regulated sector unless:
the ACMA, ASIC or the Commission is the SPF sector regulator for the sector; or
a declaration is in force under subsection 58FI(2) declaring that provisions that include monitoring powers of the kind mentioned in subparagraph 58FI(1)(a)(i) apply in relation to provisions of the SPF code.
Provisions subject to monitoring
Each provision of the SPF code is subject to monitoring under Part 2 of the Regulatory Powers Act.
Part 2 of the Regulatory Powers Act creates a framework for monitoring whether these provisions have been complied with. That Part includes powers of entry and inspection.
Information subject to monitoring
Information given in compliance or purported compliance with the SPF code is subject to monitoring under Part 2 of the Regulatory Powers Act.
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
For the purposes of Part 2 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (2) and the information mentioned in subsection (3):
there are no related provisions; and
an inspector of the SPF sector regulator is an authorised applicant; and
an inspector of the SPF sector regulator is an authorised person; and
a magistrate is an issuing officer; and
the SPF sector regulator is the relevant chief executive; and
each of the following courts is a relevant court:
the Federal Court;
the Federal Circuit and Family Court of Australia (Division 2);
a court of a State or Territory that has jurisdiction in relation to the matter.
The relevant chief executive may, in writing, delegate the powers and functions mentioned in subsection (6) to:
an SES employee, or acting SES employee, of the SPF sector regulator; or
an employee of the SPF sector regulator who holds or performs the duties of a position that is equivalent to an SES employee;
if the relevant chief executive is satisfied that the employee has appropriate qualifications, training, skills or experience to exercise the powers and perform the functions.
The powers and functions that may be delegated are:
powers and functions under Part 2 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (2) and the information mentioned in subsection (3); and
powers and functions under the Regulatory Powers Act that are incidental to a power or function mentioned in paragraph (a) of this subsection.
A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.
Person assisting
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 (2) and the information mentioned in subsection (3).
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