61Investigation powers

61 Investigation powers

Provisions subject to investigation (1) The following provisions are subject to investigation under Part 3 of the Regulatory Powers Act: (a) a civil penalty provision of this Act; (b) an offence provision of 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) section 11 of the Petroleum and Other Fuels Reporting Act 2017; (b) a civil penalty provision of the Fuel Quality Standards Act 2000; (c) an offence against the Fuel Quality Standards Act 2000. 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 (1): (a) the Secretary is an authorised applicant; and (b) a person appointed under section 80 is an authorised person; and (c) a magistrate is an issuing officer; and (d) the Secretary is the relevant chief executive; and (e) each of the following is a relevant court: (i) the Federal Court of Australia; (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 an SES employee, or acting SES employee, in the Department.

Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.

(5) The powers and functions that may be delegated are the relevant chief executive’s powers and functions: (a) under Part 3 of the Regulatory Powers Act in relation to evidential material that relates to a provision mentioned in subsection (1); and (b) under the Regulatory Powers Act that are incidental to a power or function mentioned in paragraph (a). (6) A person exercising powers or performing functions under a delegation under subsection (4) must comply with any directions of the relevant chief executive. Additional investigation power (7) The additional power mentioned in subsection (8) is taken to be included in the investigation powers 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) or (2). (8) The additional investigation power is the power to take, test and analyse samples of any fuel or fuel additives on premises entered under Part 3 of the Regulatory Powers Act in relation to evidential material that relates to a provision mentioned in subsection (1) or (2). Person assisting (9) 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).