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RECYCLING AND WASTE REDUCTION ACT 2020 - SECT 97

General monitoring powers

Provisions subject to monitoring

  (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 provision of the Crimes Act 1914 or the Criminal Code , to the extent that the provision 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.

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, relevant chief executive and relevant court

  (3)   For the purposes of Part   2 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection   (1) and information mentioned in subsection   (2):

  (a)   there are no related provisions; and

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

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

  (d)   a magistrate is an issuing officer; and

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

  (f)   each relevant court (as defined in section   10 of this Act) is a 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 mentioned in subsection   (1) or information mentioned in subsection   (2).

Extension to external Territories

  (5)   Part   2 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection   (1) and information mentioned in subsection   (2) extends to every external Territory.



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