Cyber Security Act 2024
81Investigation powers
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81 Investigation powers
Provisions subject to investigation
(1) Each civil penalty provision of this Act, and each civil penalty provision of Division 1A of Part 6 of the Intelligence Services Act 2001, is subject to investigation under Part 3 of the Regulatory Powers Act.
(2) For the purposes of Part 3 of the Regulatory Powers Act, a person who is appointed under subsection (3) is an authorised applicant in relation to evidential material that relates to a provision mentioned in subsection (1).
(3) The Secretary may, by writing, appoint a person who:
(b) holds, or is acting in, a position in a designated Commonwealth body that is equivalent to, or higher than, a position occupied by an SES employee;
to be an authorised applicant in relation to evidential material that relates to a provision mentioned in subsection (1).
Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.
(4) For the purposes of Part 3 of the Regulatory Powers Act, a person who is appointed under subsection (5) is an authorised person in relation to evidential material that relates to a provision mentioned in subsection (1).
(5) The Secretary may, by writing, appoint a person who is:
(a) an APS employee in:
(b) an officer or employee of a designated Commonwealth body;
to be an authorised person in relation to evidential material that relates to a provision mentioned in subsection (1).
Issuing officer
(6) 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).
(7) For the purposes of Part 3 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to evidential material that relates to a provision mentioned in subsection (1).
(8) 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):
(c) a court of a State or Territory that has jurisdiction in relation to matters arising under this Act.
Division 4—Infringement notices