Commonwealth Consolidated Acts

DEFENCE ACT 1903 - SECT 117AE

Provisions subject to monitoring

  (1)   A provision of the regulations made for the purposes of section   117AD is subject to monitoring under Part   2 of the Regulatory Powers Act if the regulations prescribe the provision for the purposes of this subsection.

Note:   Part   2 of the Regulatory Powers Act creates a framework for monitoring whether provisions of the regulations have 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 the regulations made for the purposes of section   117AD is subject to monitoring under Part   2 of the Regulatory Powers Act if the regulations prescribe the provision for the purposes of this subsection.

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 a provision prescribed for the purposes of subsection   (1) and the information mentioned in subsection   (2):

  (a)   a defence aviation area inspector is an authorised applicant; and

  (b)   a defence aviation area inspector is an authorised person; and

  (c)   a magistrate is an issuing officer; and

  (d)   each of the following is a relevant chief executive:

  (i)   the Secretary;

  (ii)   the Chief of the Defence Force; and

  (e)   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.

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 a provision prescribed for the purposes of subsection   (1) and the information mentioned in subsection   (2).