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Regulatory Powers (Standard Provisions) Bill 2014

Part 1 Preliminary

   

1   Short title

                   This Act may be cited as the Regulatory Powers (Standard Provisions) Act 2014.

2   Commencement

             (1)  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.

 

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.

 

3.  Part 8

The day this Act receives the Royal Assent.

 

Note:          This table relates only to the provisions of this Act as originally enacted.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.

             (2)  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.

3   Simplified outline

                   The following is a simplified outline of this Act:

This Act creates a framework for each of the following:

       (a)     monitoring whether provisions of an Act or a legislative instrument have been, or are being, complied with;

      (b)     monitoring whether information given in compliance, or purported compliance, with a provision of an Act or a legislative instrument is correct;

       (c)     gathering material that relates to the contravention of an offence provision or a civil penalty provision;

      (d)     the use of civil penalties to enforce provisions;

       (e)     the use of infringement notices where there is a reasonable belief that a provision has been contravened;

       (f)     the acceptance and enforcement of undertakings relating to compliance with provisions;

       (g)     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.

4   Dictionary

                   In this Act:

authorised applicant :

                     (a)  in Part 2 (monitoring)—has the meaning given by section 11; and

                     (b)  in Part 3 (investigation)—has the meaning given by section 41; and

                     (c)  in Part 4 (civil penalty provisions)—has the meaning given by section 80.

authorised person :

                     (a)  in Part 2 (monitoring)—has the meaning given by section 12; and

                     (b)  in Part 3 (investigation)—has the meaning given by section 42; and

                     (c)  in Part 6 (enforceable undertakings)—has the meaning given by section 112; and

                     (d)  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:

                     (a)  an act; or

                     (b)  a failure to act.

damage , in relation to data, includes damage by erasure of data or addition of other data.

enforceable :

                     (a)  in Part 4 (civil penalty provisions)—has the meaning given by section 79; and

                     (b)  in Part 6 (enforceable undertakings)—has the meaning given by section 111; and

                     (c)  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 :

                     (a)  in Part 2 (monitoring)—has the meaning given by section 13; and

                     (b)  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)  a warrant issued by an issuing officer under section 70; or

                     (b)  a warrant signed by an issuing officer under section 71.

issuing officer :

                     (a)  in Part 2 (monitoring)—has the meaning given by section 14; and

                     (b)  in Part 3 (investigation)—has the meaning given by section 44.

judicial officer means:

                     (a)  a magistrate; or

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

                     (c)  a Judge of the Federal Circuit Court of Australia; or

                     (d)  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:

                     (a)  in Part 2 (monitoring)—has the meaning given by section 23; and

                     (b)  in Part 3 (investigation)—has the meaning given by section 53.

premises includes the following:

                     (a)  a structure, building, vehicle, vessel or aircraft;

                     (b)  a place (whether or not enclosed or built on);

                     (c)  a part of a thing referred to in paragraph (a) or (b).

related : a provision is related :

                     (a)  in Part 2 (monitoring)—to another provision or information in the circumstances set out in section 10; and

                     (b)  in Part 3 (investigation)—to evidential material in the circumstances set out in section 40.

relevant chief executive :

                     (a)  in Part 2 (monitoring)—has the meaning given by section 15; and

                     (b)  in Part 3 (investigation)—has the meaning given by section 45; and

                     (c)  in Part 5 (infringement notices)—has the meaning given by section 102.

relevant court :

                     (a)  in Part 2 (monitoring)—has the meaning given by section 16; and

                     (b)  in Part 3 (investigation)—has the meaning given by section 46; and

                     (c)  in Part 4 (civil penalty provisions)—has the meaning given by section 81; and

                     (d)  in Part 6 (enforceable undertakings)—has the meaning given by section 113; and

                     (e)  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 :

                     (a)  in relation to a provision of an Act or a legislative instrument—has the meaning given by section 8; and

                     (b)  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.

5   Binding the Crown

                   This Act binds the Crown in each of its capacities.