131Investigation powers

#### 131 Investigation powers Provisions subject to investigation (1) A provision is subject to investigation under Part 3 of the Regulatory Powers Act if it is: (a) an offence against this Act; or (b) an offence against the Crimes Act 1914 or the Criminal Code that relates to this 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 (2) For the purposes of Part 3 of the Regulatory Powers Act, each of the following provisions is related to evidential material that relates to a provision mentioned in subsection (1): (a) an offence against the TEQSA Act; (b) a civil penalty provision of the TEQSA Act; (c) an offence against the Crimes Act 1914 or the Criminal Code that relates to the TEQSA Act. Authorised applicant (3) For the purposes of Part 3 of the Regulatory Powers Act, an authorised officer of the ESOS agency for a registered provider is an authorised applicant in relation to evidential material that relates to a provision mentioned in subsection (1). Authorised person (4) For the purposes of Part 3 of the Regulatory Powers Act, an authorised officer of the ESOS agency for a registered provider is an authorised person in relation to evidential material that relates to a provision mentioned in subsection (1). Issuing officer (5) 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). Relevant chief executive (6) For the purposes of Part 3 of the Regulatory Powers Act, the relevant chief executive in relation to evidential material that relates to a provision mentioned in subsection (1) is: (a) to the extent that Part relates to an authorised person who is an authorised officer of TEQSA—the Chief Executive Officer of TEQSA; or (b) to the extent that Part relates to an authorised person who is an authorised officer of the National VET Regulator—the National VET Regulator; or (c) to the extent that Part relates to an authorised person who is an authorised officer of the Secretary—the Secretary; or (d) to the extent that Part relates to an authorised person who is an authorised officer of any other entity—the head (however described) of that entity. (7) The relevant chief executive covered by paragraph (6)(a), (b) or (c) may, in writing, delegate the powers and functions mentioned in subsection (8) to: (a) for the Chief Executive Officer of TEQSA—a member of the staff of TEQSA (within the meaning of the TEQSA Act) who is: (i) an SES employee or an acting SES employee; or (ii) an APS employee who holds or performs the duties of an Executive Level 1 or 2 position or an equivalent position; or (b) for the National VET Regulator—a member of the staff of the Regulator (within the meaning of the NVETR Act) who is: (i) an SES employee or an acting SES employee; or (ii) an APS employee who holds or performs the duties of an Executive Level 1 or 2 position or an equivalent position; or (c) for the Secretary—an SES employee, or an acting SES employee, in the Department. (8) 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 (1); and (b) powers and functions under the Regulatory Powers Act that are incidental to a power or function mentioned in paragraph (a). (9) A person exercising powers or performing functions under a delegation under subsection (7) must comply with any directions of the relevant chief executive. Relevant court (10) 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): (a) the Federal Court of Australia; (b) the Federal Circuit and Family Court of Australia (Division 2). Person assisting (11) 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). Use of force in executing an investigation warrant (12) In executing an investigation warrant under 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) an authorised person may use such force against things as is necessary and reasonable in the circumstances; and (b) a person assisting the authorised person may use such force against things as is necessary and reasonable in the circumstances. Extension to external Territories (13) Part 3 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), extends to each external Territory mentioned in subsection 4B(1) of this Act.