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HIGHER EDUCATION SUPPORT ACT 2003 - SECT 215.5

Monitoring powers

  (1)   The provisions of this Act (other than Schedule   1A) are 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:   Schedule   1A of this Act contains separate monitoring and investigation powers in relation to matters dealt with in that Schedule: see Subdivision   5A - C of that Schedule.

  (2)   Information given in compliance or purported compliance with a provision mentioned in subsection   (1) 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 the provisions mentioned in subsection   (1):

  (a)   each * HESA investigator and * TEQSA investigator is an authorised applicant; and

  (b)   each HESA investigator and TEQSA investigator is an authorised person; and

  (c)   a * judicial officer is an issuing officer; and

  (d)   for an authorised person who is a HESA investigator, the * Secretary is the relevant chief executive; and

  (e)   for an authorised person who is a TEQSA investigator, the Chief Executive Officer of * TEQSA is the relevant chief executive; and

  (f)   each * applicable court is a relevant court.

  (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 this Act (other than Schedule   1A).



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