Schedule 2, Parts 2 and 3

What the Agency can require, and how fast

From 27 August 2026 an Agency information notice can require a person to appear and answer questions at least 14 days later, must warn about the civil penalty for non compliance, and sits inside a monitoring and investigation power that can enter premises.

What does the provision require?

Section 53 gains a civil penalty of 60 penalty units where a person who must supply information or hand over a document refuses or fails to do so. Section 54 now requires the notice to state that a failure may expose the person to that civil penalty, and to state that a person need not supply information or hand over a document where doing so might incriminate them or expose them to a penalty. The notice can require the person to appear before a named Agency officer and answer questions, at a time no earlier than 14 days after the notice. Section 56 is amended to match.

Part 3C then makes a long list of provisions subject to monitoring under the Regulatory Powers Act, including Parts 1 and 2 of Chapter 3, Part 1 of Chapter 4, leaving section 55A out, and Chapter 5. It makes the civil penalty and offence provisions subject to investigation, and gives the CEO and NDIA investigators the powers of authorised persons. Section 73ZSC allows equipment to be brought to premises, a thing to be moved for examination for no more than 14 days with extensions of up to 7 days, and equipment at the premises to be operated. Section 73ZSE allows an order requiring a person with knowledge of a computer system to give access, and a failure to comply is 30 penalty units for a participant and imprisonment for 2 years or 120 penalty units in any other case.

Why does it matter to an insurer or a provider?

A provider underwriting file should assume that a monitoring visit can reach the claims and records systems. The 14 day appearance window is shorter than most document production projects, and the access order in section 73ZSE reaches the person who administers the system, not only the entity. For an insurer, the relevance is both direct, where the Agency monitors a provision that applies to it, and indirect, where an insured's failure to produce records becomes a conduct exclusion question.

What did the amendment change?

The information notice previously carried an offence for non compliance. The Act adds a civil penalty, adds the warnings the notice must contain, and adds the power to require an appearance and answers. Part 3C extends monitoring and investigation to the Agency's own provisions and creates the inspector and investigator roles.

Suggested evidence

These are the publisher's control suggestions, not statutory requirements. The provision's own requirement is above; an auditor or regulator decides what is sufficient.

The notice, its date and the period allowed
The appearance arrangements where the notice requires one
The documents or answers provided, and the record of anything withheld on incrimination grounds
For a monitoring visit, the warrant, the scope and the persons assisting
For a moved thing, the 14 day limit and any extension
For an access order, the order and the person required to assist

What should be done before the date?

Add a 14 day response capability to the provider information request process
Brief the IT team on the access order power before a visit, not during one
Keep a privilege and incrimination log for every production

What the text does not say

The text does not set a maximum period for a monitoring visit. It does not say how an extension beyond 7 days is granted other than by an issuing officer. It does not define evidential material for the purposes of the investigation powers.

Where this sits

sections 53, 54, 73ZSA and 73ZSB, amended by items 11, 12, 33, 76 to 81 in Schedule 2, Parts 2 and 3, Information gathering powers (items 11, 12, 33, 76 to 81). Read the official text at https://www.legislation.gov.au/C2026A00066/latest/text. The record was read on 21 October 2026.

Not legal advice; does not certify. This page is a reading of the provision in our own words, not a reproduction of it, and not advice on your own facts.