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UNDERWATER CULTURAL HERITAGE ACT 2018 - SECT 41

Monitoring powers

  (1)   A provision is subject to monitoring under Part   2 of the Regulatory Powers Act if it is:

  (a)   a provision of this Act; or

  (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.

  (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.

  (3)   For the purposes of Part   2 of the Regulatory Powers Act as it applies in relation to this Act:

  (a)   there are no related provisions; and

  (b)   an inspector is an authorised applicant; and

  (c)   an inspector is an authorised person; and

  (d)   a magistrate is an issuing officer; and

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

  (f)   each of the following is a relevant court:

  (i)   the Federal Court of Australia;

  (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.

  (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 offences and civil penalty provisions of this Act.


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