110Investigation powers

110 Investigation powers

Provisions subject to investigation (1) The following provisions of this Act are subject to investigation under Part 3 of the Regulatory Powers Act: (a) a civil penalty provision; (b) an offence against this Act; (c) a provision of Chapter 3 (responsibilities of data scheme entities).

Note 1: 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.

Note 2: The meaning of offence against this Act is extended by the definition in section 9.

Related provisions, authorised applicant, authorised person, issuing officer, relevant chief executive and relevant court (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): (a) there are no related provisions; and (b) the Commissioner is an authorised applicant; and (c) the Commissioner is an authorised person; and (d) any judicial officer within the meaning of the Regulatory Powers Act is an issuing officer; and (e) the Commissioner is the relevant chief executive; and (f) each of the following is a relevant court: (i) the Federal Court; (ii) the Circuit Court; (iii) a court of a State or Territory that has jurisdiction in relation to matters arising under this Act. Person assisting (3) 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).

Note: The person assisting must have the necessary skills, qualifications or experience (see subsection 45(2)).