Higher Education Support Act 2003

Chapter 5 - Administration  

PART 5-8 - REGULATORY POWERS  

SECTION 215-5   Monitoring powers  

215-5(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.

215-5(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.

215-5(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.

215-5(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 ).