Commonwealth Consolidated Acts

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EXPORT CONTROL ACT 2020 - SECT 326

Basic monitoring powers under Part 2 of the Regulatory Powers Act

Provisions subject to monitoring

  (1)   This Act is subject to monitoring under Part   2 of the Regulatory Powers Act.

Note 1:   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.

Note 2:   An authorised officer may, under Part   5 of this Chapter, enter certain kinds of premises without a warrant or consent to exercise monitoring powers.

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, authorised applicant, authorised person, issuing officer and relevant court

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

  (a)   each related provision (as defined in section   12 of this Act) is related to the provisions of this Act; and

  (b)   an authorised officer is an authorised applicant; and

  (c)   an authorised officer is an authorised person; and

  (d)   an issuing officer (as defined in section   12 of this Act) is an issuing officer; and

  (e)   a relevant court (as defined in section   12 of this Act) is the relevant court.

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 the provisions of this Act.

Note:   An authorised person may be assisted by other persons in exercising powers or performing functions or duties referred to in this subsection if the assistance is necessary and reasonable (see paragraph   23(1)(a) of the Regulatory Powers Act).

Extension to external Territories

  (5)   Part   2 of the Regulatory Powers Act, as it applies in relation to a provision of this Act, extends to every external Territory, and each other area, to which the provision extends under subsection   8(2).



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