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COMMONWEALTHAct
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s 73ZE

Monitoring powers

In force
Chapter 4Administration
Part 3BCompliance and enforcement
Division 1Monitoring and investigation powers

73ZE Monitoring powers

Provisions subject to monitoring

(1)

The following provisions are subject to monitoring under Part 2 of the Regulatory Powers Act:

(a)

Division 2 of Part 2 (privacy of information held by the Commission) of this Chapter;

(b)

Part 3A (NDIS providers) of this Chapter.

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 the following provisions is subject to monitoring under Part 2 of the Regulatory Powers Act:

(a)

Division 2 of Part 2 (privacy of information held by the Commission) of this Chapter;

(b)

Part 3A (NDIS providers) of this Chapter.

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, authorised person, issuing officer, relevant chief executive and relevant court

(3)

For the purposes of Part 2 of the Regulatory Powers Act as it applies in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2):

(a)

an inspector is an authorised applicant; and

(b)

an inspector is an authorised person; and

(c)

a magistrate is an issuing officer; and

(d)

the Commissioner is the relevant chief executive; and

(e)

each of the following is a relevant court:

(i)

the Federal Court;

(ii)

the Federal Circuit and Family Court of Australia (Division 2);

(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).

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