88Investigation powers

88 Investigation powers

Provisions subject to investigation (1) Each compliance obligation 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 (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 compliance obligation, there are no related provisions. Authorised applicant (3) For the purposes of Part 3 of the Regulatory Powers Act, a GEMS inspector is an authorised applicant in relation to evidential material that relates to a compliance obligation. Authorised person (4) For the purposes of Part 3 of the Regulatory Powers Act, a GEMS inspector is an authorised person in relation to evidential material that relates to a compliance obligation. Issuing officer (5) If a person is an issuing officer for the purposes of this Act, then, for the purposes of Part 3 of the Regulatory Powers Act, the person is an issuing officer in relation to evidential material that relates to a compliance obligation. Relevant chief executive (6) For the purposes of Part 3 of the Regulatory Powers Act, the GEMS Regulator is the relevant chief executive in relation to evidential material that relates to a compliance obligation. (7) The GEMS Regulator may, by writing, delegate one or more of the GEMS Regulator’s powers or functions as the relevant chief executive under Part 3 of the Regulatory Powers Act, in relation to evidential material that relates to a compliance obligation, to an officer or employee of an agency (however described) of the Commonwealth, a State or a Territory. (8) However, the GEMS Regulator must not delegate a power or function, under subsection (7), to an officer or employee of an agency of a State or Territory without the agreement of the State or Territory. (9) A delegate of the GEMS Regulator is subject to the GEMS Regulator’s directions while exercising the delegate’s delegated powers and functions. Identity card for the GEMS Regulator (10) Despite subsection 76(1) of the Regulatory Powers Act, the Secretary must issue an identity card to the GEMS Regulator. Relevant court (11) If a court is a relevant court for the purposes of this Act, then, for the purposes of Part 3 of the Regulatory Powers Act, the court is a relevant court in relation to evidential material that relates to a compliance obligation. Person assisting (12) For the purposes of Part 3 of the Regulatory Powers Act, a GEMS inspector may be assisted by other persons in exercising powers or performing functions or duties under that Part in relation to evidential material that relates to a compliance obligation. Use of force in executing a warrant (13) 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 compliance obligation: (a) a GEMS inspector may use such force against things as is necessary and reasonable in the circumstances; and (b) a person assisting a GEMS inspector may use such force against things as is necessary and reasonable in the circumstances. Extension to external Territories (14) Part 3 of the Regulatory Powers Act, as that Part applies in relation to a compliance obligation, extends to every external Territory.