s 1Short title
This Act may be cited as the Regulatory Powers (Standard Provisions) Act 2014.
This Act may be cited as the Regulatory Powers (Standard Provisions) Act 2014.
Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information | ||
|---|---|---|
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Part 1 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | 21 July 2014 |
2. Parts 2 to 7 | A day or days to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. | 1 October 2014 (F2014L01258) |
3. Part 8 | The day this Act receives the Royal Assent. | 21 July 2014 |
This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
The following is a simplified outline of this Act:
This Act creates a framework for each of the following:
monitoring whether provisions of an Act or a legislative instrument have been, or are being, complied with;
monitoring whether information given in compliance, or purported compliance, with a provision of an Act or a legislative instrument is correct;
monitoring other matters to which an Act or legislative instruments relates;
gathering material that relates to the contravention of an offence provision or a civil penalty provision;
the use of civil penalties to enforce provisions;
the use of infringement notices where there is a reasonable belief that a provision has been contravened;
the acceptance and enforcement of undertakings relating to compliance with provisions;
the use of injunctions to enforce provisions.
A provision of an Act or a legislative instrument is not subject to monitoring, investigation or enforcement under this Act by force of this Act. This Act must be triggered by another Act.
In this Act:
authorised applicant:
in Part 2 (monitoring)—has the meaning given by section 11; and
in Part 3 (investigation)—has the meaning given by section 41; and
in Part 4 (civil penalty provisions)—has the meaning given by section 80.
authorised person:
in Part 2 (monitoring)—has the meaning given by section 12; and
in Part 3 (investigation)—has the meaning given by section 42; and
in Part 6 (enforceable undertakings)—has the meaning given by section 112; and
in Part 7 (injunctions)—has the meaning given by section 119.
civil penalty order has the meaning given by subsection 82(4).
civil penalty provision has the meaning given by subsection 79(2).
conduct means:
an act; or
a failure to act.
damage, in relation to data, includes damage by erasure of data or addition of other data.
enforceable:
in Part 4 (civil penalty provisions)—has the meaning given by section 79; and
in Part 6 (enforceable undertakings)—has the meaning given by section 111; and
in Part 7 (injunctions)—has the meaning given by section 118.
evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.
evidential material has the meaning given by section 39.
identity card:
in Part 2 (monitoring)—has the meaning given by section 13; and
in Part 3 (investigation)—has the meaning given by section 43.
infringement officer has the meaning given by section 101.
investigation powers has the meaning given by sections 49, 50, 51 and 52.
investigation warrant means:
a warrant issued by an issuing officer under section 70; or
a warrant signed by an issuing officer under section 71.
issuing officer:
in Part 2 (monitoring)—has the meaning given by section 14; and
in Part 3 (investigation)—has the meaning given by section 44.
judicial officer means:
a magistrate; or
a Judge of a court of a State or Territory; or
a Judge of the Federal Circuit and Family Court of Australia (Division 2); or
a Judge of the Federal Court of Australia.
monitoring powers has the meaning given by sections 19, 20, 21 and 22.
monitoring warrant means a warrant issued under section 32.
person assisting an authorised person:
in Part 2 (monitoring)—has the meaning given by section 23; and
in Part 3 (investigation)—has the meaning given by section 53.
premises includes the following:
a structure, building, vehicle, vessel or aircraft;
a place (whether or not enclosed or built on);
a part of a thing referred to in paragraph (a) or (b).
related: a provision is related:
in Part 2 (monitoring)—to another provision or information in the circumstances set out in section 10; and
in Part 3 (investigation)—to evidential material in the circumstances set out in section 40.
relevant chief executive:
in Part 2 (monitoring)—has the meaning given by section 15; and
in Part 3 (investigation)—has the meaning given by section 45; and
in Part 5 (infringement notices)—has the meaning given by section 102.
relevant court:
in Part 2 (monitoring)—has the meaning given by section 16; and
in Part 3 (investigation)—has the meaning given by section 46; and
in Part 4 (civil penalty provisions)—has the meaning given by section 81; and
in Part 6 (enforceable undertakings)—has the meaning given by section 113; and
in Part 7 (injunctions)—has the meaning given by section 120.
relevant data, in Part 2 (monitoring), has the meaning given by subsection 20(3).
subject to an infringement notice, in relation to an offence provision or civil penalty provision, has the meaning given by section 100.
subject to investigation, in relation to an offence provision or a civil penalty provision, has the meaning given by section 38.
subject to monitoring:
in relation to a provision of an Act or a legislative instrument—has the meaning given by section 8; and
in relation to information given in compliance, or purported compliance, with a provision of an Act or a legislative instrument—has the meaning given by section 9; and
in relation to a matter to which an Act or a legislative instrument relates—has the meaning given by section 9A.
This Act binds the Crown in each of its capacities.
The following is a simplified outline of this Part:
This Part creates a framework for:
monitoring whether provisions of an Act or a legislative instrument have been, or are being, complied with; and
monitoring whether information given in compliance, or purported compliance, with a provision of an Act or a legislative instrument is correct; and
monitoring other matters to which an Act or a legislative instrument relates.
For this Part to operate, a provision, information or a matter must be made subject to monitoring under this Part. This is to be done by another Act.
An authorised person may enter premises for the purpose of monitoring.
Entry must be with the consent of the occupier of the premises or under a monitoring warrant.
An authorised person who enters premises may exercise monitoring powers. The authorised person may be assisted by other persons if that assistance is necessary and reasonable and another Act empowers the authorised person to do so.
An occupier’s consent to an authorised person entering premises for the purposes of monitoring must be voluntary. Authorised persons must abide by the terms of that consent.
An authorised person who enters premises under a monitoring warrant must give details of the warrant to the occupier of the premises.
The occupier of the premises may observe the execution of a monitoring warrant and must provide reasonable facilities and assistance for the effective execution of the warrant.
The principal purpose of this Part is to create a framework for monitoring:
whether provisions of an Act or a legislative instrument have been, or are being, complied with; and
whether information given in compliance, or purported compliance, with a provision of an Act or a legislative instrument is correct; and
other matters to which an Act or a legislative instrument relates.
However, for this Part to operate, one or more of the following must apply:
a provision of an Act or a legislative instrument must be made subject to monitoring under this Part;
information given in compliance, or purported compliance, with a provision of an Act or a legislative instrument must be made subject to monitoring under this Part;
a matter to which an Act or a legislative instrument relates must be made subject to monitoring under this Part.
A provision of an Act or a legislative instrument is subject to monitoring under this Part if an Act provides that the provision is subject to monitoring under this Part.
Information given in compliance, or purported compliance, with a provision of an Act or a legislative instrument is subject to monitoring under this Part if an Act provides that the information is subject to monitoring under this Part.
A matter to which an Act or a legislative instrument relates is subject to monitoring under this Act if an Act provides that the matter is subject to monitoring.
A provision is related to a provision that is subject to monitoring under this Part (the monitored provision) if an Act provides that the provision is related to the monitored provision.
A provision is related to information that is subject to monitoring under this Part if an Act provides that the provision is related to the information.
A provision is related to a matter that is subject to monitoring under this Part if an Act provides that the provision is related to the matter.
A person is an authorised applicant for the purposes of exercising powers under this Part to determine:
whether a provision subject to monitoring under this Part has been, or is being, complied with; or
whether information subject to monitoring under this Part is correct; or
a matter subject to monitoring under this Part;
if an Act provides that the person is an authorised applicant in relation to that provision, information or matter for the purposes of this Part.
A person who is an authorised applicant for the purpose of exercising powers mentioned in subsection (1) is also an authorised applicant for the purposes of:
exercising other powers under this Part; or
performing functions or duties under this Part;
that are incidental to the powers mentioned in subsection (1).
Without limiting subsection (1), an Act may provide that a person is an authorised applicant in relation to a provision, information or a matter for the purposes of this Part by:
providing that a person of a specified class is an authorised applicant in relation to the provision, information or matter for the purposes of this Part; or
authorising another person to specify that a person, or a person of a specified class, is an authorised applicant in relation to the provision, information or matter for the purposes of this Part.
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