(1) The Secretary may, by written instrument, appoint any of the following persons as an inspector for the purposes of this Act:
(a) an officer or employee of the Commonwealth, or of an agency or authority of the Commonwealth;
(b) an officer or employee of a State or Territory, or of an agency or authority of a State or Territory.
(2) The Secretary must not appoint a person under paragraph (1)(b) as an inspector without the agreement of the State or Territory.
(3) The Secretary must not appoint a person as an inspector unless the Secretary is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an inspector.
(4) In exercising powers as an inspector, an inspector must comply with any directions of the Secretary.
(5) If a direction under subsection (4) is given in writing, the direction is not a legislative instrument.
(6) If a direction under subsection (4) is given orally, the Secretary must, as soon as reasonably practicable after giving the direction:
(a) make a written record of the direction; and
(b) give a copy of the written record to the inspector.
Division 3—Triggering the Regulatory Powers Act
Subdivision A—Monitoring powers
112 Monitoring powers
Provisions subject to monitoring
(1) The following provisions are subject to monitoring under Part 2 of the Regulatory Powers Act:
(a) each provision of this Act and the rules;
(b) an offence provision of the Crimes Act 1914 or the Criminal Code, to the extent that it relates to this Act or the rules.
Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether this Act and the rules have been complied with. It includes powers of entry and inspection.
Information subject to monitoring
(2) Information given in compliance or purported compliance with a provision of this Act or the rules is subject to monitoring under Part 2 of the Regulatory Powers Act.
Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether the information is correct. It includes powers of entry and inspection.
Related provisions, authorised applicant, authorised person, issuing officer, relevant chief executive and relevant court
(3) For the purposes of Part 2 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2):
(a) there are no related provisions; and
Section 111 - High Seas Biodiversity Act 2026 - Appointment of inspectors | Zoe
(b) an inspector is an authorised applicant; and
(c) an inspector is an authorised person; and
(d) a magistrate is an issuing officer; and
(e) the Secretary is the relevant chief executive; and
(f) 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 matters arising under this Act or the rules.
Person assisting
(4) An authorised person may be assisted by other persons in exercising powers, or performing functions or duties, under Part 2 of the Regulatory Powers Act in relation to:
(a) the provisions mentioned in subsection (1); and
(b) the information mentioned in subsection (2).
113 Modifications of Part 2 of the Regulatory Powers Act
Premises
(1) Part 2 of the Regulatory Powers Act applies in relation to the provisions mentioned in subsection 112(1) and the information mentioned in subsection 112(2) as if a reference in that Part to premises were a reference to premises as defined in section 5 of this Act.
Additional monitoring powers
(2) For the purposes of determining:
(a) whether a provision mentioned in subsection 112(1) has been, or is being, complied with; or
(b) the correctness of information mentioned in subsection 112(2);
the additional powers mentioned in subsections (3) and (4) of this section are taken to be included in the monitoring powers under Part 2 of the Regulatory Powers Act.
(3) The additional monitoring powers are:
(a) the power to sample any thing on premises entered under Part 2 of the Regulatory Powers Act; and
(b) the power to remove, test and analyse such samples; and
(c) the power to secure premises entered under Part 2 of the Regulatory Powers Act; and
(d) the power to secure things on premises entered under Part 2 of the Regulatory Powers Act for the purpose of sampling, testing or analysing those things; and
(e) the power to secure a container on premises entered under Part 2 of the Regulatory Powers Act that contains a thing if the inspector reasonably believes that it is not reasonably practicable to secure the thing without also securing the container (whether or not the container contains any other thing).
Stopping or detaining a vehicle, vessel or aircraft
(4) If an authorised person is authorised under section 18 of the Regulatory Powers Act, as that section applies in relation to:
(a) the provisions mentioned in subsection 112(1) of this Act; and
(b) information mentioned in subsection 112(2) of this Act;
to enter premises that are a vehicle, vessel or aircraft, the monitoring powers under Part 2 of the Regulatory Powers Act are taken to include a power that the authorised person may stop and detain the vehicle, vessel or aircraft for the purposes of:
(c) entering the vehicle, vessel or aircraft; and
(d) exercising monitoring powers under that Part.
Use of force in executing a monitoring warrant
(5) In executing a monitoring warrant under Part 2 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection 112(1) and the information mentioned in subsection 112(2):
(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.
Communication
(6) An authorised person may communicate a requirement, in relation to an aircraft or vessel, under section 112 or this section by means of:
(a) an international signal code; or
(b) if the requirement relates to a vessel—any other internationally recognised means of communication with a vessel; or
(c) if the requirement relates to an aircraft—any other internationally recognised means of communication with an aircraft.
Identity cards
(7) A reference to an identity card in sections 25 and 26 and subsection 35(6) of the Regulatory Powers Act, as those provisions apply in relation to the provisions mentioned in subsection 112(1) and the information mentioned in subsection 112(2), is taken to include a reference to written evidence identifying the authorised person as a member or special member of the Australian Federal Police or a customs officer (as the case requires).
(8) Subsection 35(1) of the Regulatory Powers Act, as that subsection applies in relation to the provisions mentioned in subsection 112(1) and the information mentioned in subsection 112(2), does not require the relevant chief executive to issue an identity card to an authorised person who is:
(a) a member or special member of the Australian Federal Police; or
(b) a customs officer.
Announcement before entry under a warrant
(9) For the purposes of determining:
(a) whether a provision mentioned in subsection 112(1) has been, or is being, complied with; or
(b) the correctness of information mentioned in subsection 112(2);
paragraph 26(b) of the Regulatory Powers Act is taken not to apply to an authorised person if the authorised person reasonably believes that showing the authorised person’s identity card before entering premises under Part 2 of that Act is not practical in the circumstances.
(10) However, if either of the following persons is present at the premises when the authorised person so enters:
(a) the occupier in relation to the premises;
(b) another person who apparently represents the occupier in relation to the premises;
the Regulatory Powers Act is taken to require the authorised person to show the authorised person’s identity card to the occupier, or other person, as soon as is practicable.
Definitions
(11) In this section:
occupier, in relation to premises, includes a person present at the premises who is in apparent control of the premises.
Subdivision B—Investigation powers
114 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, to the extent that it relates to this Act or the rules.
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, 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) an inspector is an authorised applicant; and
(c) an inspector is an authorised person; and
(d) a magistrate is an issuing officer; and
(e) the Secretary is the relevant chief executive; and
(f) 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 matters arising under this Act or the rules.
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).
115 Modifications of Part 3 of the Regulatory Powers Act
Premises
(1) Part 3 of the Regulatory Powers Act applies in relation to evidential material that relates to a provision mentioned in subsection 114(1) of this Act as if a reference in that Part to premises were a reference to premises as defined in section 5 of this Act.
Additional investigation powers
(2) The additional powers mentioned in subsections (3) and (4) of this section are 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 114(1) of this Act.
(3) The additional investigation powers are:
(a) the power to sample any thing on premises entered under Part 3 of the Regulatory Powers Act; and
(b) the power to remove, test and analyse such samples; and
(c) the power to secure premises entered under Part 3 of the Regulatory Powers Act; and
(d) the power to secure things on premises entered under Part 3 of the Regulatory Powers Act for the purpose of sampling, testing or analysing those things; and
(e) the power to secure a container on premises entered under Part 3 of the Regulatory Powers Act that contains a thing if the authorised person reasonably believes that it is not reasonably practicable to secure the thing without also securing the container (whether or not the container contains any other thing); and
(f) if the authorised person has the power to seize a thing (the seizable thing) under Part 3 of the Regulatory Powers Act—the power to seize a container that contains the seizable thing, and any other thing contained in the container, if the authorised person reasonably believes that it is not reasonably practicable to seize the seizable thing without also seizing the container; and
(g) the power to require a person in command or control, or who appears to be in command or control, of a vehicle, vessel or aircraft to do any of the following:
(i) ensure the vehicle, vessel or aircraft does not remain, or does not come, as the case requires, in Australian jurisdiction;
(ii) ensure the vehicle, vessel or aircraft is brought to a specified place at which it is safe and practicable to bring the vehicle, vessel or aircraft;
(iii) ensure the vehicle, vessel or aircraft remains at a specified place until an authorised person permits the vehicle, vessel or aircraft to leave;
(iv) arrange for goods being carried on the vehicle, vessel or aircraft to be unloaded;
(v) ensure that goods being carried on the vehicle, vessel or aircraft are not unloaded until an authorised person permits their unloading.
Stopping or detaining a vehicle, vessel or aircraft
(4) If an authorised person is authorised under section 48 of the Regulatory Powers Act, as that section applies in relation to evidential material that relates to a provision mentioned in subsection 114(1) of this Act, to enter premises that are a vehicle, vessel or aircraft, the investigation powers under Part 3 of the Regulatory Powers Act are taken to include a power that the authorised person may stop and detain the vehicle, vessel or aircraft for the purposes of:
(a) entering the vehicle, vessel or aircraft; and
(b) exercising investigation powers under that Part.
Use of force in executing an investigation warrant
(5) 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 114(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.
Communication
(6) An authorised person may communicate a requirement, in relation to an aircraft or vessel, under this section by means of:
(a) an international signal code; or
(b) if the requirement relates to a vessel—any other internationally recognised means of communication with a vessel; or
(c) if the requirement relates to an aircraft—any other internationally recognised means of communication with an aircraft.
Operating electronic equipment etc. that may contain evidential material
(7) Subsection 50(1) of the Regulatory Powers Act, as that subsection applies in relation to evidential material that relates to a provision mentioned in subsection 114(1) of this Act, is taken to include the power (subject to subsections 50(3) and (4) of the Regulatory Powers Act) to:
(a) operate electronic equipment on premises entered under Part 3 of that Act, as that Part applies to evidential material that relates to a provision mentioned in subsection 114(1) of this Act; and
(b) use a disk, tape or other storage device that:
(i) is on those premises; and
(ii) can be used with the equipment or is associated with it;
to find out whether the equipment, disk, tape or other storage device contains such evidential material.
Identity cards
(8) A reference to an identity card in sections 55 and 56 and subsection 76(6) of the Regulatory Powers Act, as those provisions apply in relation to evidential material that relates to a provision mentioned in subsection 114(1) of this Act, is taken to include a reference to written evidence identifying the authorised person as a member or special member of the Australian Federal Police or a customs officer (as the case requires).
(9) Subsection 76(1) of the Regulatory Powers Act, as that subsection applies in relation to evidential material that relates to a provision mentioned in subsection 114(1) of this Act, does not require the relevant chief executive to issue an identity card to an authorised person who is:
(a) a member or special member of the Australian Federal Police; or
(b) a customs officer.
Subdivision C—Civil penalty provisions
116 Civil penalty provisions
Enforceable civil penalty provisions
(1) Each civil penalty provision of this Act is enforceable under Part 4 of the Regulatory Powers Act.
Note: Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.
Authorised applicant
(2) For the purposes of Part 4 of the Regulatory Powers Act, the Secretary is an authorised applicant in relation to the civil penalty provisions of this Act.
(3) For the purposes of Part 4 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the civil penalty provisions of this Act:
(c) a court of a State or Territory that has jurisdiction in relation to matters arising under this Act.
Maximum penalty—certain contraventions by a body corporate
(4) Despite subsection 82(5) of the Regulatory Powers Act, the pecuniary penalty that a relevant court may order a body corporate to pay for a contravention of a civil penalty provision in Part 3 or 4 of this Act must not be more than 10 times the pecuniary penalty specified for the civil penalty provision.
Note: Under subsection 82(5) of the Regulatory Powers Act, for a contravention of any other civil penalty provision of this Act by a body corporate, the pecuniary penalty imposed for the contravention must not be more than 5 times that specified for the provision.
Subdivision D—Infringement notices
117 Infringement notices
Provisions subject to an infringement notice
(1) Each civil penalty provision of this Act is subject to an infringement notice under Part 5 of the Regulatory Powers Act.
Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.
Infringement officer
(2) For the purposes of Part 5 of the Regulatory Powers Act, an inspector is an infringement officer in relation to the provisions mentioned in subsection (1).
Relevant chief executive
(3) For the purposes of Part 5 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to the provisions mentioned in subsection (1).
Subdivision E—Enforceable undertakings
118 Enforceable undertakings
Enforceable provisions
(1) Each provision of this Act and the rules is enforceable under Part 6 of the Regulatory Powers Act.
Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.
Authorised person
(2) For the purposes of Part 6 of the Regulatory Powers Act, the Secretary is an authorised person in relation to the provisions mentioned in subsection (1).
(3) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):
(c) a court of a State or Territory that has jurisdiction in relation to matters arising under this Act or the rules.
Enforceable undertaking may be published on the Department’s website
(4) The Secretary may cause an undertaking given under Part 6 of the Regulatory Powers Act in relation to a provision mentioned in subsection (1) to be published on the Department’s website.
Subdivision F—Injunctions
119 Injunctions
Enforceable provisions
(1) Each provision of this Act and the rules is enforceable under Part 7 of the Regulatory Powers Act.
Note: Part 7 of the Regulatory Powers Act creates a framework for using injunctions to enforce provisions.
Authorised person
(2) For the purposes of Part 7 of the Regulatory Powers Act, the Secretary is an authorised person in relation to the provisions mentioned in subsection (1).
(3) For the purposes of Part 7 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):
(c) a court of a State or Territory that has jurisdiction in relation to matters arising under this Act or the rules.
Division 4—Information gathering, record keeping and audits
Subdivision A—Information gathering and record keeping