Commonwealth: Regulatory Powers (Standardisation Reform) Act 2021 (Cth)

Regulatory Powers (Standardisation Reform) Act 2021 No. 32, 2021 An Act to amend the Regulatory Powers (Standard Provisions) Act 2014 and to apply that Act to various Commonwealth Acts, and for related purposes Contents 1 Short title 2 Commencement 3 Schedules Schedule 1—Amendment of the Regulatory Powers (Standard Provisions) Act 2014 Regulatory Powers (Standard Provisions) Act 2014 Schedule 2—Amendment of the Defence Force Discipline Act 1982 Part 1—Main amendments Division 1—Amendments Defence Force Discipline Act 1982 Division 2—Application provision Part 2—Amendments relating to the Federal Circuit and Family Court of Australia Act 2021 Defence Force Discipline Act 1982 Schedule 3—Amendment of the Education Services for Overseas Students Act 2000 Part 1—Main amendments Division 1—Amendments Education Services for Overseas Students Act 2000 Division 2—Application and saving provisions Part 2—Amendments relating to the National Vocational Education and Training Regulator Amendment (Governance and Other Matters) Act 2020 Education Services for Overseas Students Act 2000 Part 3—Amendments relating to the Federal Circuit and Family Court of Australia Act 2021 Education Services for Overseas Students Act 2000 Schedule 4—Amendment of the Fisheries Management Act 1991 Part 1—Amendments Fisheries Management Act 1991 Part 2—Application and saving provisions Schedule 5—Amendment of the Tertiary Education Quality and Standards Agency Act 2011 Part 1—Main amendments Division 1—Amendments Tertiary Education Quality and Standards Agency Act 2011 Division 2—Application and saving provisions Part 2—Amendments relating to the Education Legislation Amendment (Up‑front Payments Tuition Protection) Act 2020 Tertiary Education Quality and Standards Agency Act 2011 Part 3—Amendments relating to the Federal Circuit and Family Court of Australia Act 2021 Tertiary Education Quality and Standards Agency Act 2011 Schedule 6—Amendment of the Tobacco Advertising Prohibition Act 1992 Part 1—Main amendments Division 1—Amendments Tobacco Advertising Prohibition Act 1992 Division 2—Application provisions Part 2—Amendments relating to the Federal Circuit and Family Court of Australia Act 2021 Tobacco Advertising Prohibition Act 1992 Schedule 7—Amendment of the Tobacco Plain Packaging Act 2011 Part 1—Main amendments Division 1—Amendments Tobacco Plain Packaging Act 2011 Division 2—Application provisions Part 2—Amendments relating to the Federal Circuit and Family Court of Australia Act 2021 Tobacco Plain Packaging Act 2011 Regulatory Powers (Standardisation Reform) Act 2021 No. 32, 2021 An Act to amend the Regulatory Powers (Standard Provisions) Act 2014 and to apply that Act to various Commonwealth Acts, and for related purposes [Assented to 26 March 2021] The Parliament of Australia enacts: 1 Short title This Act is the Regulatory Powers (Standardisation Reform) Act 2021. 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 Provisions Commencement Date/Details 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 26 March 2021 2. Schedule 1 The day after this Act receives the Royal Assent. 27 March 2021 3. Schedule 2, Part 1 A single day to be fixed by Proclamation. 26 September 2021 However, if the provisions 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. 4. Schedule 2, Part 2 The later of: 26 September 2021 (a) immediately after the commencement of the provisions covered by table item 3; and (paragraph (a) applies) (b) immediately after the commencement of the Federal Circuit and Family Court of Australia Act 2021. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. 5. Schedule 3, Part 1 A single day to be fixed by Proclamation. 26 September 2021 However, if the provisions 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. 6. Schedule 3, Part 2 The later of: 26 September 2021 (a) immediately after the commencement of the provisions covered by table item 5; and (paragraph (a) applies) (b) immediately after the commencement of Part 1 of Schedule 1 to the National Vocational Education and Training Regulator Amendment (Governance and Other Matters) Act 2020. 7. Schedule 3, Part 3 The later of: 26 September 2021 (a) immediately after the commencement of the provisions covered by table item 5; and (paragraph (a) applies) (b) immediately after the commencement of the Federal Circuit and Family Court of Australia Act 2021. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. 8. Schedule 4 A single day to be fixed by Proclamation. 26 September 2021 However, if the provisions 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. 9. Schedule 5, Part 1 A single day to be fixed by Proclamation. 26 September 2021 However, if the provisions 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. 10. Schedule 5, item 23 The later of: 26 September 2021 (a) immediately after the commencement of the provisions covered by table item 9; and (paragraph (a) applies) (b) immediately after the commencement of the Education Legislation Amendment (Up‑front Payments Tuition Protection) Act 2020. However, the provision does not commence at all if the event mentioned in paragraph (b) does not occur. 11. Schedule 5, item 24 Immediately after the commencement of the Education Legislation Amendment (Up‑front Payments Tuition Protection) Act 2020. Never commenced However, the provision does not commence at all if the Education Legislation Amendment (Up‑front Payments Tuition Protection) Act 2020 commences before the day on which the provisions covered by table item 9 commence. 12. Schedule 5, item 25 The later of: 26 September 2021 (a) immediately after the commencement of the provisions covered by table item 9; and (paragraph (a) applies) (b) immediately after the commencement of the Education Legislation Amendment (Up‑front Payments Tuition Protection) Act 2020. However, the provision does not commence at all if the event mentioned in paragraph (b) does not occur. 13. Schedule 5, items 26 and 27 Immediately after the commencement of the provisions covered by table item 9. Never commenced However, the provisions do not commence at all if the Education Legislation Amendment (Up‑front Payments Tuition Protection) Act 2020 commences before the day on which the provisions covered by table item 9 commence. 14. Schedule 5, item 28 Immediately after the commencement of the Education Legislation Amendment (Up‑front Payments Tuition Protection) Act 2020. Never commenced However, the provision does not commence at all if the Education Legislation Amendment (Up‑front Payments Tuition Protection) Act 2020 commences before the day on which the provisions covered by table item 9 commence. 15. Schedule 5, items 29 to 36 The later of: 26 September 2021 (a) immediately after the commencement of the provisions covered by table item 9; and (paragraph (a) applies) (b) immediately after the commencement of the Education Legislation Amendment (Up‑front Payments Tuition Protection) Act 2020. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. 16. Schedule 5, item 37 Immediately after the commencement of the Education Legislation Amendment (Up‑front Payments Tuition Protection) Act 2020. Never commenced However, the provision does not commence at all if the Education Legislation Amendment (Up‑front Payments Tuition Protection) Act 2020 commences before the day on which the provisions covered by table item 9 commence. 17. Schedule 5, items 38 to 43 The later of: 26 September 2021 (a) immediately after the commencement of the provisions covered by table item 9; and (paragraph (a) applies) (b) immediately after the commencement of the Education Legislation Amendment (Up‑front Payments Tuition Protection) Act 2020. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. 18. Schedule 5, Part 3 The later of: 26 September 2021 (a) immediately after the commencement of the provisions covered by table item 9; and (paragraph (a) applies) (b) immediately after the commencement of the Federal Circuit and Family Court of Australia Act 2021. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. 19. Schedule 6, Part 1 A single day to be fixed by Proclamation. 26 September 2021 However, if the provisions 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. 20. Schedule 6, Part 2 The later of: 26 September 2021 (a) immediately after the commencement of the provisions covered by table item 19; and (paragraph (a) applies) (b) immediately after the commencement of the Federal Circuit and Family Court of Australia Act 2021. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. 21. Schedule 7, Part 1 A single day to be fixed by Proclamation. 26 September 2021 However, if the provisions 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. 22. Schedule 7, Part 2 The later of: 26 September 2021 (a) immediately after the commencement of the provisions covered by table item 21; and (paragraph (a) applies) (b) immediately after the commencement of the Federal Circuit and Family Court of Australia Act 2021. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. 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 Schedules Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. Schedule 1—Amendment of the Regulatory Powers (Standard Provisions) Act 2014 Regulatory Powers (Standard Provisions) Act 2014 1 Section 3 After: (b) monitoring whether information given in compliance, or purported compliance, with a provision of an Act or a legislative instrument is correct; insert: (ba) monitoring other matters to which an Act or legislative instruments relates; 2 Section 4 (at the end of the definition of subject to monitoring) Add: ; and (c) in relation to a matter to which an Act or a legislative instrument relates—has the meaning given by section 9A. 3 Section 6 Omit: This Part creates a framework for monitoring whether the provisions of an Act or a legislative instrument have been, or are being, complied with. It also creates a framework for monitoring whether information given in compliance, or purported compliance, with a provision of an Act or a legislative instrument is correct. For this Part to operate, a provision or information must be made subject to monitoring under this Part. This is to be done by another Act. substitute: This Part creates a framework for: (a) monitoring whether provisions of an Act or a legislative instrument have been, or are being, complied with; and (b) monitoring whether information given in compliance, or purported compliance, with a provision of an Act or a legislative instrument is correct; and (c) monitoring other matters to which an Act or a legislative instrument relates. For this Part to operate, a provision, information or a matter must be made subject to monitoring under this Part. This is to be done by another Act. 4 Section 7 Repeal the section, substitute: 7 Purpose and operation of this Part (1) The principal purpose of this Part is to create a framework for monitoring: (a) whether provisions of an Act or a legislative instrument have been, or are being, complied with; and (b) whether information given in compliance, or purported compliance, with a provision of an Act or a legislative instrument is correct; and (c) other matters to which an Act or a legislative instrument relates. (2) However, for this Part to operate, one or more of the following must apply: (a) a provision of an Act or a legislative instrument must be made subject to monitoring under this Part; (b) information given in compliance, or purported compliance, with a provision of an Act or a legislative instrument must be made subject to monitoring under this Part; (c) a matter to which an Act or a legislative instrument relates must be made subject to monitoring under this Part. 5 After section 9 Insert: 9A Matters subject to monitoring A matter to which an Act or a legislative instrument relates is subject to monitoring under this Act if an Act provides that the matter is subject to monitoring. 6 At the end of section 10 Add: (3) A provision is related to a matter that is subject to monitoring under this Part if an Act provides that the provision is related to the matter. 7 Subsection 11(1) Repeal the subsection, substitute: (1) A person is an authorised applicant for the purposes of exercising powers under this Part to determine: (a) whether a provision subject to monitoring under this Part has been, or is being, complied with; or (b) whether information subject to monitoring under this Part is correct; or (c) a matter subject to monitoring under this Part; if an Act provides that the person is an authorised applicant in relation to that provision, information or matter for the purposes of this Part. 8 Subsection 11(3) Omit "a provision or information", substitute "a provision, information or a matter". 9 Paragraphs 11(3)(a) and (b) Omit "provision or information", substitute "provision, information or matter". 10 Subsection 12(1) Repeal the subsection, substitute: (1) A person is an authorised person for the purposes of exercising powers under this Part to determine: (a) whether a provision subject to monitoring under this Part has been, or is being, complied with; or (b) whether information subject to monitoring under this Part is correct; or (c) a matter subject to monitoring under this Part; if an Act provides that the person is an authorised person in relation to that provision, information or matter for the purposes of this Part. 11 Subsection 12(3) Omit "a provision or information", substitute "a provision, information or a matter". 12 Paragraphs 12(3)(a) and (b) Omit "provision or information", substitute "provision, information or matter". 13 Section 13 Repeal the section, substitute: 13 Identity card Identity card, in relation to a person who is an authorised person in relation to a provision, information or a matter for the purposes of this Part, means a card issued to the person under section 35 by the relevant chief executive in relation to that provision, information or matter. 14 Subsection 14(1) Repeal the subsection, substitute: (1) A judicial officer is an issuing officer for the purposes of exercising powers under this Part to determine: (a) whether a provision subject to monitoring under this Part has been, or is being, complied with; or (b) whether information subject to monitoring under this Part is correct; or (c) a matter subject to monitoring under this Part; if an Act provides that the judicial officer is an issuing officer in relation to that provision, information or matter for the purposes of this Part. 15 Subsection 14(3) Omit "a provision or information", substitute "a provision, information or a matter". 16 Paragraphs 14(3)(a) and (b) Omit "provision or information", substitute "provision, information or matter". 17 Subsection 15(1) Repeal the subsection, substitute: (1) A person is the relevant chief executive for the purposes of exercising powers under this Part that relate to an authorised person in relation to a provision, information or a matter for the purposes of this Part, if an Act provides that the person is the relevant chief executive for the purposes of this Part in relation to the provision, information or matter. 18 Subsection 15(3) Omit "a provision or information", substitute "a provision, information or a matter". 19 Paragraphs 15(3)(a) and (b) Omit "provision or information", substitute "provision, information or matter". 20 Section 16 Repeal the section, substitute: 16 Relevant court A court is a relevant court in relation to a matter that arises because of: (a) the exercise of powers by a person under this Part to determine: (i) whether a provision subject to monitoring under this Part has been, or is being, complied with; or (ii) whether information subject to monitoring under this Part is correct; or (iii) a matter subject to monitoring under this Part; or (b) the exercise of powers, or the performance of functions or duties, under this Part that are incidental to the powers mentioned in paragraph (a); if an Act provides that the court is a relevant court in relation to that provision, information or matter for the purposes of this Part. 21 Subsection 18(1) Omit "either or both", substitute "one or more". 22 At the end of subsection 18(1) Add: ; (c) determining a matter subject to monitoring under this Part. 23 Subsection 20(3) Repeal the subsection, substitute: (3) Relevant data means information relevant to determining: (a) whether a provision that is subject to monitoring under this Part has been, or is being, complied with; or (b) whether information subject to monitoring under this Part is correct; or (c) a matter subject to monitoring under this Part. 24 Subparagraph 22(1)(b)(iv) Repeal the subparagraph, substitute: (iv) the thing affords evidence that information subject to monitoring under this Part, or information given in compliance or purported compliance with a related provision, is not correct; or (v) the thing affords evidence in relation to a matter that is subject to monitoring under this Part, or in relation to compliance or purported compliance with a provision that is related to the matter; and 25 Paragraph 23(2)(b) Repeal the paragraph, substitute: (b) may exercise powers under this Part for the purposes of assisting the authorised person to determine: (i) whether a provision subject to monitoring under this Part has been, or is being, complied with; or (ii) whether information subject to monitoring under this Part is correct; or (iii) a matter subject to monitoring under this Part; and 26 Subsection 24(1) Repeal the subsection (not including the heading), substitute: (1) This section applies if an authorised person enters premises for the purposes of determining: (a) whether a provision subject to monitoring under this Part has been, or is being, complied with; or (b) whether information subject to monitoring under this Part is correct; or (c) a matter subject to monitoring under this Part. 27 At the end of subsections 24(2) and (3) Add: ; or (c) the matter. 28 Subsection 32(2) Repeal the subsection (not including the heading), substitute: (2) The issuing officer may issue the warrant if the issuing officer is satisfied, by information on oath or affirmation, that it is reasonably necessary that one or more authorised persons should have access to the premises for the purposes of determining: (a) whether a provision that is subject to monitoring under this Part has been, or is being, complied with; or (b) whether information subject to monitoring under this Part is correct; or (c) a matter subject to monitoring under this Part. 29 Subsection 38(1) Omit "offence against", substitute "offence provision of". 30 Subsection 38(1) After "offence" (second occurring), insert "provision". 31 Subsection 41(1) After "in relation to" (second occurring), insert "the". 32 Section 98 (paragraph beginning "A person can") After "strict liability offence", insert "provision". 33 Section 100 Repeal the section, substitute: 100 Provisions subject to infringement notices (1) A provision of an Act or a legislative instrument, contravention of which constitutes an offence of strict liability, is subject to an infringement notice under this Part if an Act provides that the provision is subject to an infringement notice under this Part. (2) A civil penalty provision of an Act or a legislative instrument is subject to an infringement notice under this Part if an Act provides that the provision is subject to an infringement notice under this Part. 34 Subsection 103(5) Repeal the subsection, substitute: (5) If an alleged contravention would, if proved, constitute both a contravention of a civil penalty provision and of an offence provision, the infringement notice must relate to the alleged contravention of the offence provision. 35 Subparagraphs 104(1)(h)(i) to (iii) Repeal the subparagraphs, substitute: (i) if the alleged contravention is of an offence provision and would not also constitute a contravention of a civil penalty provision—the person will not be liable to be prosecuted in a court for the alleged contravention; or (ii) if the alleged contravention is of an offence provision and would also constitute a contravention of a civil penalty provision—the person is not liable to be prosecuted in a court, and proceedings seeking a pecuniary penalty order will not be brought, in relation to the alleged contravention; or (iii) if the alleged contravention is of a civil penalty provision—proceedings seeking a pecuniary penalty order will not be brought in relation to the alleged contravention; and 36 Subparagraphs 104(1)(k)(i) to (iii) Repeal the subparagraphs, substitute: (i) if the alleged contravention is of an offence provision and would not also constitute a contravention of a civil penalty provision—the person may be prosecuted in a court for the alleged contravention; or (ii) if the alleged contravention is of an offence provision and would also constitute a contravention of a civil penalty provision—the person may be prosecuted in a court, or proceedings seeking a pecuniary penalty order may be brought, in relation to the alleged contravention; or (iii) if the alleged contravention is of a civil penalty provision—proceedings seeking a pecuniary penalty order may be brought in relation to the alleged contravention; and 37 Subparagraphs 104(1)(m)(i) to (iii) Repeal the subparagraphs, substitute: (i) if the alleged contravention is of an offence provision and would not also constitute a contravention of a civil penalty provision—the person may be prosecuted in a court for the alleged contravention; or (ii) if the alleged contravention is of an offence provision and would also constitute a contravention of a civil penalty provision—the person may be prosecuted in a court, or proceedings seeking a pecuniary penalty order may be brought, in relation to the alleged contravention; or (iii) if the alleged contravention is of a civil penalty provision—proceedings seeking a pecuniary penalty order may be brought in relation to the alleged contravention; and 38 Subparagraphs 106(4)(e)(i) to (iii) Repeal the subparagraphs, substitute: (i) if the alleged contravention is of an offence provision and would not also constitute a contravention of a civil penalty provision—the person may be prosecuted in a court for the alleged contravention; or (ii) if the alleged contravention is of an offence provision and would also constitute a contravention of a civil penalty provision—the person may be prosecuted in a court, or proceedings seeking a pecuniary penalty order may be brought, in relation to the alleged contravention; or (iii) if the alleged contravention is of a civil penalty provision—proceedings seeking a pecuniary penalty order may be brought in relation to the alleged contravention. 39 Paragraphs 107(1)(b) to (d) Repeal the paragraphs, substitute: (b) if the alleged contravention is of an offence provision and would not also constitute a contravention of a civil penalty provision—the person will not be liable to be prosecuted in a court for the alleged contravention; and (c) if the alleged contravention is of an offence provision and would also constitute a contravention of a civil penalty provision—the person is not liable to be prosecuted in a court, and proceedings seeking a pecuniary penalty order will not be brought, in relation to the alleged contravention; and (d) if the alleged contravention is of a civil penalty provision—proceedings seeking a pecuniary penalty order will not be brought in relation to the alleged contravention; and 40 Paragraph 107(1)(f) Repeal the paragraph, substitute: (f) if the alleged contravention is of an offence provision—the person is not regarded as having been convicted of the offence. Schedule 2—Amendment of the Defence Force Discipline Act 1982 Part 1—Main amendments Division 1—Amendments Defence Force Discipline Act 1982 1 Subsection 3(1) Insert: Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014. 2 After Division 6 of Part VI Insert: Division 6A—Investigation under the Regulatory Powers Act 101ZAA Simplified outline of this Division • The Regulatory Powers Act is triggered to allow appointed members of the Australian Defence Force or APS employees in the Department to enter premises under an investigation warrant or with consent of the occupier and to exercise investigation powers under that Act for the purposes of gathering material relating to the contravention of service offences. 101ZAB Basic investigation powers under Part 3 of the Regulatory Powers Act Provisions subject to investigation (1) A provision is subject to investigation under Part 3 of the Regulatory Powers Act if it is a service offence. Note: Part 3 of the Regulatory Powers Act creates a framework for investigating whether a provision has been contravened. It includes powers of entry, search and seizure. (2) For the purposes of Part 3 of the Regulatory Powers Act, as that Part applies in relation to evidential material that relates to a provision mentioned in subsection (1), there are no related provisions. Authorised applicant (3) For the purposes of Part 3 of the Regulatory Powers Act, a person appointed under subsection 101ZAD(1) is an authorised applicant in relation to evidential material that relates to a provision mentioned in subsection (1). Authorised person (4) For the purposes of Part 3 of the Regulatory Powers Act, a person appointed under subsection 101ZAD(2) is an authorised person in relation to evidential material that relates to a provision mentioned in subsection (1). Issuing officer (5) For the purposes of Part 3 of the Regulatory Powers Act, each of the following persons is an issuing officer in relation to evidential material that relates to a provision mentioned in subsection (1): (a) if a Judge of the Federal Court of Australia has consented to act as an issuing officer for the purposes of this Act and that consent is in force—the Judge; (b) if a Judge of the Federal Circuit Court of Australia has consented to act as an issuing officer for the purposes of this Act and that consent is in force—the Judge; (c) a magistrate. Relevant chief executive (6) For the purposes of Part 3 of the Regulatory Powers Act, each of the following persons is a relevant chief executive in relation to evidential material that relates to a provision mentioned in subsection (1): (a) the Chief of the Defence Force; (b) the Inspector‑General of the Australian Defence Force. (7) A relevant chief executive may, in writing, delegate the powers and functions mentioned in subsection (8) to: (a) an APS employee who holds or performs the duties of an Executive Level 1 position, or an equivalent or higher position, in the Department; or (b) an officer of the Navy who holds the rank of Commander or a higher rank; or (c) an officer of the Army who holds the rank of Lieutenant‑Colonel or a higher rank; or (d) an officer of the Air Force who holds the rank of Wing Commander or a higher rank. (8) The powers and functions that may be delegated are: (a) powers and functions under Part 3 of the Regulatory Powers Act in relation to evidential material that relates to a provision mentioned in subsection (1); and (b) powers and functions under the Regulatory Powers Act that are incidental to a power or function mentioned in paragraph (a). (9) A person exercising powers or performing functions under a delegation under subsection (7) must comply with any directions of the relevant chief executive. Relevant court (10) For the purposes of Part 3 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to evidential material that relates to a provision mentioned in subsection (1): (a) the Federal Court of Australia; (b) the Federal Circuit Court of Australia. Person assisting (11) An authorised person may be assisted by other persons in exercising powers or performing functions or duties under Part 3 of the Regulatory Powers Act in relation to evidential material that relates to a provision mentioned in subsection (1). Use of force in executing an investigation warrant (12) In executing an investigation warrant under Part 3 of the Regulatory Powers Act, as that Part applies in relation to evidential material that relates to a provision mentioned in subsection (1): (a) an authorised person may use such force against things as is necessary and reasonable in the circumstances; and (b) a person assisting the authorised person may use such force against things as is necessary and reasonable in the circumstances. Extension to external Territories (13) Part 3 of the Regulatory Powers Act, as that Part applies in relation to a provision mentioned in subsection (1), extends to every external Territory. 101ZAC Modifications of Part 3 of the Regulatory Powers Act Additional investigation power (1) The additional power mentioned in subsection (2) is taken to be included in the investigation powers under Part 3 of the Regulatory Powers Act, as that Part applies in relation to evidential material that relates to a provision mentioned in subsection 101ZAB(1). (2) The additional investigation power is the power of an authorised person to be accompanied by, and to make use of, an animal to assist the person in entering premises, or in exercising powers, under Part 3 of the Regulatory Powers Act, as that Part applies in relation to evidential material that relates to a provision mentioned in subsection 101ZAB(1). Note: Under subsection 101ZAB(4), a person appointed under subsection 101ZAD(2) is an authorised person. (3) Subsection (2) does not apply in relation to the entry of premises under an investigation warrant unless the use of the animal by the authorised person is authorised by the warrant. Investigation warrant must deal with use of animals (4) Subsection 70(4) of the Regulatory Powers Act applies in relation to evidential material that relates to a provision mentioned in subsection 101ZAB(1) of this Act as if subsection 70(4) of the Regulatory Powers Act also required the warrant: (a) to state whether authorised persons named in the warrant are authorised to be accompanied by, and to make use of, an animal; and (b) if they are authorised, to specify the kind of animal. 101ZAD Appointment of persons under this Division Authorised applicants (1) The Chief of the Defence Force (the appointer), or the Inspector‑General of the Australian Defence Force (the appointer), may, in writing, appoint the following to be an authorised applicant for the purposes of this Division: (a) a specified member of the Australian Defence Force; (b) a specified APS employee in the Department; (c) each member of the Australian Defence Force included in a specified class of members of the Australian Defence Force; (d) each APS employee in the Department included in a specified class of APS employee in the Department. Authorised persons (2) The appointer may, in writing, appoint the following to be an authorised person for the purposes of this Division: (a) a specified member of the Australian Defence Force; (b) a specified APS employee in the Department; (c) each member of the Australian Defence Force included in a specified class of members of the Australian Defence Force; (d) each APS employee in the Department included in a specified class of APS employee in the Department. Appointees to have suitable qualifications, training or experience (3) The appointer must not appoint a particular member of the Australian Defence Force under paragraph (1)(a) or (2)(a), or a particular APS employee in the Department under paragraph (1)(b) or (2)(b), unless the appointer is satisfied that the member or employee has suitable qualifications, training or experience. (4) The appointer must not specify a class of members of the Australian Defence Force under paragraph (1)(c) or (2)(c), or a class of APS employees in the Department under paragraph (1)(d) or (2)(d), unless the appointer is satisfied that members or employees of that class have suitable qualifications, training or experience. 101ZAE No limit on other powers This Division does not limit a person's powers under any other provision of this Act. Division 2—Application provision 3 Application provision—investigation Part 3 of the Regulatory Powers (Standard Provisions) Act 2014, as that Part applies under Division 6A of Part VI of the Defence Force Discipline Act 1982, applies in relation to evidential material that relates to a provision mentioned in subsection 101ZAB(1) of the Defence Force Discipline Act 1982, if the suspected contravention of the provision occurred before, on or after the commencement of this Part. Part 2—Amendments relating to the Federal Circuit and Family Court of Australia Act 2021 Defence Force Discipline Act 1982 4 Paragraph 101ZAB(5)(b) Omit "a Judge of the Federal Circuit Court of Australia", substitute "a Judge of the Federal Circuit and Family Court of Australia (Division 2)". 5 Paragraph 101ZAB(10)(b) Repeal the paragraph, substitute: (b) the Federal Circuit and Family Court of Australia (Division 2). Schedule 3—Amendment of the Education Services for Overseas Students Act 2000 Part 1—Main amendments Division 1—Amendments Education Services for Overseas Students Act 2000 1 Section 5 Repeal the following definitions: (a) definition of evidential material; (b) definition of monitoring warrant; (c) definition of occupier. 2 Section 5 Insert: Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014. 3 Section 5 (definition of search warrant) Repeal the definition. 4 Part 6 (heading) Repeal the heading, substitute: Part 6—Conditions, suspension and cancellation etc. 5 Section 83A Omit: • The ESOS agency for a registered provider may accept a written undertaking under Division 4 relating to the provider's compliance with a provision of this Act, the national code, the ELICOS Standards, the Foundation Program Standards or a condition of the provider's registration. The ESOS agency may apply to a court to enforce the undertaking. 6 Section 106 Repeal the section. 7 Division 4 of Part 6 Repeal the Division. 8 Part 7 (heading) Repeal the heading, substitute: Part 7—Monitoring, investigation and enforcement 9 Section 111A Repeal the section, substitute: 111A Guide to this Part • The ESOS agency for a registered provider can give a production notice (requiring a person to give information or documents) or an attendance notice (requiring a person to attend and answer questions) under Division 2. The TPS Director may also give a production notice under that Division. • This Part also applies Parts 2, 3, 5 and 6 of the Regulatory Powers Act. Those Parts deal with monitoring, investigation, infringement notices and enforceable undertakings. 10 Division 1 of Part 7 Repeal the Division. 11 At the end of section 129 Add: Power conferred personally (3) The power in subsection (1) conferred on a magistrate is conferred on the magistrate: (a) in a personal capacity; and (b) not as a court or a member of a court. Power need not be accepted (4) A magistrate need not accept the power conferred by subsection (1). Protection and immunity (5) A magistrate exercising a power conferred by subsection (1) has the same protection and immunity as if the magistrate were exercising the power: (a) as the court of which the magistrate is a member; or (b) as a member of the court of which the magistrate is a member. 12 Divisions 3 to 5 of Part 7 Repeal the Divisions, substitute: Division 3—Monitoring 130 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) a provision of the national code; or (c) a provision of the ELICOS Standards or Foundation Program Standards; or (d) an offence against the Crimes Act 1914 or the Criminal Code that 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 one or more of the following provisions is subject to monitoring under Part 2 of the Regulatory Powers Act: (a) a provision of this Act; (b) a provision of the national code; (c) a provision of the ELICOS Standards or Foundation Program Standards. 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. Matter subject to monitoring (3) A matter is subject to monitoring under Part 2 of the Regulatory Powers Act if it is determining whether a registered provider, because of financial difficulty or any other reason, might not be able to: (a) provide courses to its accepted students; or (b) refund amounts to its accepted students under Division 2 of Part 5 of this Act. Related provisions (4) For the purposes of Part 2 of the Regulatory Powers Act: (a) a provision covered by subsection 115(1) of the TEQSA Act is related to the provisions mentioned in subsection (1) of this section; and (b) a provision covered by subsection 115(2) of the TEQSA Act is related to the information mentioned in subsection (2) of this section. Authorised applicant (5) For the purposes of Part 2 of the Regulatory Powers Act, an authorised officer of the ESOS agency for a registered provider is an authorised applicant in relation to the provisions mentioned in subsection (1), the information mentioned in subsection (2) and the matter mentioned in subsection (3). Authorised person (6) For the purposes of Part 2 of the Regulatory Powers Act, an authorised officer of the ESOS agency for a registered provider is an authorised person in relation to the provisions mentioned in subsection (1), the information mentioned in subsection (2) and the matter mentioned in subsection (3). Issuing officer (7) For the purposes of Part 2 of the Regulatory Powers Act, a magistrate is an issuing officer in relation to the provisions mentioned in subsection (1), the information mentioned in subsection (2) and the matter mentioned in subsection (3). Relevant chief executive (8) For the purposes of Part 2 of the Regulatory Powers Act, the relevant chief executive in relation to the provisions mentioned in subsection (1), the information mentioned in subsection (2) and the matter mentioned in subsection (3) is: (a) to the extent that Part relates to an authorised person who is an authorised officer of TEQSA—the Chief Executive Officer of TEQSA; or (b) to the extent that Part relates to an authorised person who is an authorised officer of the National VET Regulator—the Chief Executive Officer of the National VET Regulator; or (c) to the extent that Part relates to an authorised person who is an authorised officer of the Secretary—the Secretary; or (d) to the extent that Part relates to an authorised person who is an authorised officer of any other entity—the head (however described) of that entity. (9) The relevant chief executive covered by paragraph (8)(a), (b) or (c) may, in writing, delegate the powers and functions mentioned in subsection (10) to: (a) for the Chief Executive Officer of TEQSA—a member of the staff of TEQSA (within the meaning of the TEQSA Act) who is: (i) an SES employee or an acting SES employee; or (ii) an APS employee who holds or performs the duties of an Executive Level 1 or 2 position or an equivalent position; or (b) for the Chief Executive Officer of the National VET Regulator—a member of the staff of the Regulator (within the meaning of the NVETR Act) who is: (i) an SES employee or an acting SES employee; or (ii) an APS employee who holds or performs the duties of an Executive Level 1 or 2 position or an equivalent position; or (c) for the Secretary—an SES employee, or an acting SES employee, in the Department. (10) The powers and functions that may be delegated are: (a) powers and functions under Part 2 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1), the information mentioned in subsection (2) and the matter mentioned in subsection (3); and (b) powers and functions under the Regulatory Powers Act that are incidental to a power or function mentioned in paragraph (a). (11) A person exercising powers or performing functions under a delegation under subsection (9) must comply with any directions of the relevant chief executive. Relevant court (12) For the purposes of Part 2 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1), the information mentioned in subsection (2) and the matter mentioned in subsection (3): (a) the Federal Court of Australia; (b) the Federal Circuit Court of Australia. Person assisting (13) 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), the information mentioned in subsection (2) and the matter mentioned in subsection (3). Use of force in executing a monitoring warrant (14) In executing a monitoring warrant under Part 2 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), the information mentioned in subsection (2) and the matter mentioned in subsection (3): (a) an authorised person may use such force against things as is necessary and reasonable in the circumstances; and (b) a person assisting the authorised person may use such force against things as is necessary and reasonable in the circumstances. Extension to external Territories (15) Part 2 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), the information mentioned in subsection (2) and the matter mentioned in subsection (3), extends to each external Territory mentioned in subsection 4B(1) of this Act. Division 4—Investigation 131 Investigation powers Provisions subject to investigation (1) A provision is subject to investigation under Part 3 of the Regulatory Powers Act if it is: (a) an offence against this Act; or (b) an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act. Note: Part 3 of the Regulatory Powers Act creates a framework for investigating whether a provision has been contravened. It includes powers of entry, search and seizure. Related provisions (2) For the purposes of Part 3 of the Regulatory Powers Act, each of the following provisions is related to evidential material that relates to a provision mentioned in subsection (1): (a) an offence against the TEQSA Act; (b) a civil penalty provision of the TEQSA Act; (c) an offence against the Crimes Act 1914 or the Criminal Code that relates to the TEQSA Act. Authorised applicant (3) For the purposes of Part 3 of the Regulatory Powers Act, an authorised officer of the ESOS agency for a registered provider is an authorised applicant in relation to evidential material that relates to a provision mentioned in subsection (1). Authorised person (4) For the purposes of Part 3 of the Regulatory Powers Act, an authorised officer of the ESOS agency for a registered provider is an authorised person in relation to evidential material that relates to a provision mentioned in subsection (1). Issuing officer (5) For the purposes of Part 3 of the Regulatory Powers Act, a magistrate is an issuing officer in relation to evidential material that relates to a provision mentioned in subsection (1). Relevant chief executive (6) For the purposes of Part 3 of the Regulatory Powers Act, the relevant chief executive in relation to evidential material that relates to a provision mentioned in subsection (1) is: (a) to the extent that Part relates to an authorised person who is an authorised officer of TEQSA—the Chief Executive Officer of TEQSA; or (b) to the extent that Part relates to an authorised person who is an authorised officer of the National VET Regulator—the Chief Executive Officer of the National VET Regulator; or (c) to the extent that Part relates to an authorised person who is an authorised officer of the Secretary—the Secretary; or (d) to the extent that Part relates to an authorised person who is an authorised officer of any other entity—the head (however described) of that entity. (7) The relevant chief executive covered by paragraph (6)(a), (b) or (c) may, in writing, delegate the powers and functions mentioned in subsection (8) to: (a) for the Chief Executive Officer of TEQSA—a member of the staff of TEQSA (within the meaning of the TEQSA Act) who is: (i) an SES employee or an acting SES employee; or (ii) an APS employee who holds or performs the duties of an Executive Level 1 or 2 position or an equivalent position; or (b) for the Chief Executive Officer of the National VET Regulator—a member of the staff of the Regulator (within the meaning of the NVETR Act) who is: (i) an SES employee or an acting SES employee; or (ii) an APS employee who holds or performs the duties of an Executive Level 1 or 2 position or an equivalent position; or (c) for the Secretary—an SES employee, or an acting SES employee, in the Department. (8) The powers and functions that may be delegated are: (a) powers and functions under Part 3 of the Regulatory Powers Act in relation to evidential material that relates to a provision mentioned in subsection (1); and (b) powers and functions under the Regulatory Powers Act that are incidental to a power or function mentioned in paragraph (a). (9) A person exercising powers or performing functions under a delegation under subsection (7) must comply with any directions of the relevant chief executive. Relevant court (10) For the purposes of Part 3 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to evidential material that relates to a provision mentioned in subsection (1): (a) the Federal Court of Australia; (b) the Federal Circuit Court of Australia. Person assisting (11) An authorised person may be assisted by other persons in exercising powers or performing functions or duties under Part 3 of the Regulatory Powers Act in relation to evidential material that relates to a provision mentioned in subsection (1). Use of force in executing an investigation warrant (12) In executing an investigation warrant under Part 3 of the Regulatory Powers Act, as that Part applies in relation to evidential material that relates to a provision mentioned in subsection (1): (a) an authorised person may use such force against things as is necessary and reasonable in the circumstances; and (b) a person assisting the authorised person may use such force against things as is necessary and reasonable in the circumstances. Extension to external Territories (13) Part 3 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), extends to each external Territory mentioned in subsection 4B(1) of this Act. Division 5—Infringement notices 132 Infringement notices Provisions subject to an infringement notice (1) The following provisions of this Act are subject to an infringement notice under Part 5 of the Regulatory Powers Act: (a) subsection 19(5); (b) subsection 20(6); (c) subsection 21(5); (d) subsection 21A(1A); (e) subsection 46E(1); (f) subsection 47F(1); (g) subsection 47G(1). Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions. Infringement officer (2) For the purposes of Part 5 of the Regulatory Powers Act, an authorised officer of the ESOS agency for a registered provider is an infringement officer in relation to the provisions mentioned in subsection (1). Relevant chief executive (3) For the purposes of Part 5 of the Regulatory Powers Act, the relevant chief executive in relation to the provisions mentioned in subsection (1) is: (a) to the extent that Part relates to an infringement officer who is an authorised officer of TEQSA—the Chief Executive Officer of TEQSA; or (b) to the extent that Part relates to an infringement officer who is an authorised officer of the National VET Regulator—the Chief Executive Officer of the National VET Regulator; or (c) to the extent that Part relates to an infringement officer who is an authorised officer of the Secretary—the Secretary; or (d) to the extent that Part relates to an infringement officer who is an authorised officer of any other entity—the head (however described) of that entity. (4) The relevant chief executive covered by paragraph (3)(a), (b) or (c) may, in writing, delegate the relevant chief executive's powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to: (a) for the Chief Executive Officer of TEQSA—a member of the staff of TEQSA (within the meaning of the TEQSA Act) who is: (i) an SES employee or an acting SES employee; or (ii) an APS employee who holds or performs the duties of an Executive Level 1 or 2 position or an equivalent position; or (b) for the Chief Executive Officer of the National VET Regulator—a member of the staff of the Regulator (within the meaning of the NVETR Act) who is: (i) an SES employee or an acting SES employee; or (ii) an APS employee who holds or performs the duties of an Executive Level 1 or 2 position or an equivalent position; or (c) for the Secretary—an SES employee, or an acting SES employee, in the Department. (5) A person exercising powers or performing functions under a delegation under subsection (4) must comply with any directions of the relevant chief executive. Extension to external Territories (6) Part 5 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), extends to each external Territory mentioned in subsection 4B(1) of this Act. Division 6—Enforceable undertakings 133 Enforceable undertakings Enforceable provisions (1) A provision is enforceable under Part 6 of the Regulatory Powers Act if it is: (a) a provision of this Act; or (b) a provision of the national code; or (c) a provision of the ELICOS Standards or Foundation Program Standards. Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions. Authorised person (2) For the purposes of Part 6 of the Regulatory Powers Act, an authorised person in relation to the provisions mentioned in subsection (1) is: (a) in relation to an undertaking by a registered higher education provider—the Chief Executive Officer of TEQSA; or (b) in relation to an undertaking by a registered VET provider—the Chief Executive Officer of the National VET Regulator; or (c) in relation to an undertaking by an approved school provider—the Secretary; or (d) in relation to an undertaking by any other registered provider—the head (however described) of the ESOS agency for the registered provider. Relevant court (3) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1): (a) the Federal Court of Australia; (b) the Federal Circuit Court of Australia. Other undertakings (4) An authorised person covered by subsection (2) may accept a written undertaking given by a registered provider that: (a) the provider will take, or refrain from taking, specified action in order for the provider to comply with a condition of the provider's registration; or (b) the provider will take specified action directed towards ensuring that in the future the provider does not, or is unlikely to, contravene a condition of the provider's registration. The undertaking must be expressed to be an undertaking under this subsection. (5) The power in subsection (4) is in addition to the power of an authorised person under subsection 114(1) of the Regulatory Powers Act. (6) Part 6 of the Regulatory Powers Act, other than subsections 114(1) and (2) of that Act, applies to an undertaking accepted under subsection (4) of this section as if it were an undertaking accepted under subsection 114(1) of the Regulatory Powers Act. Extension to external Territories (7) Part 6 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsect