Commonwealth Consolidated Acts

ROAD VEHICLE STANDARDS ACT 2018 - SECT 50

Provisions subject to monitoring

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

  (a)   a provision of this Act;

  (b)   an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act.

Note:   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.

Information subject to monitoring

  (2)   Information given in compliance or purported compliance with a provision of 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)   section   133G of the Competition and Consumer Act 2010 ;

  (b)   a provision of the Australian Consumer Law relating to the safety of consumer goods.

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

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

  (a)   each of the following is an authorised applicant:

  (i)   the Secretary;

  (ii)   an SES employee, or an acting SES employee, in the Department; and

  (b)   an inspector is an authorised person; and

  (c)   each of the following is an issuing officer:

  (i)   a magistrate;

  (ii)   a Judge of a court of a State or Territory;

  (iii)   a Judge of the Federal Court or the Federal Circuit and Family Court of Australia (Division   2) ; and

  (d)   the Secretary is the relevant chief executive; and

  (e)   a relevant court (as defined in section   5) is a relevant court.

Person assisting

  (5)   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).