58FFInvestigating compliance with an SPF code—default

58FF Investigating compliance with an SPF code—default

No alternative investigation powers apply

(1) This section applies for the SPF code for a regulated sector unless:

(a) the ACMA, ASIC or the Commission is the SPF sector regulator for the sector; or

(b) a declaration is in force under subsection 58FI(2) declaring that provisions that include investigation powers of the kind mentioned in subparagraph 58FI(1)(a)(ii) apply in relation to provisions of the SPF code.

Provisions subject to investigation

(2) Each civil penalty provision of the SPF code is subject to investigation under Part 3 of the Regulatory Powers 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, authorised applicant, authorised person, issuing officer, relevant chief executive and relevant court

(3) 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 (2):

(a) there are no related provisions; and

(b) an inspector of the SPF sector regulator is an authorised applicant; and

(c) an inspector of the SPF sector regulator is an authorised person; and

(d) a magistrate is an issuing officer; and

(e) the SPF sector regulator is the relevant chief executive; and

(f) each of the following courts is a relevant court:

(i) the Federal Court;

(ii) the Federal Circuit and Family Court of Australia (Division 2);

(iii) a court of a State or Territory that has jurisdiction in relation to the matter.

(4) The relevant chief executive may, in writing, delegate the powers and functions mentioned in subsection (5) to:

(a) an SES employee, or acting SES employee, of the SPF sector regulator; or

(b) an employee of the SPF sector regulator who holds or performs the duties of a position that is equivalent to an SES employee.

if the relevant chief executive is satisfied that the employee has appropriate qualifications, training, skills or experience to exercise the powers and perform the functions.

(5) 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 (2); and

(b) powers and functions under the Regulatory Powers Act that are incidental to a power or function mentioned in paragraph (a).