23Investigation powers

#### 23 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) a civil penalty provision of this Act; or (c) 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, as that Part applies in relation to evidential material that relates to a provision mentioned in subsection (1), there are no related provisions. Authorised applicant and authorised person (3) For the purposes of Part 3 of the Regulatory Powers Act, each of the following authorised officers is both an authorised applicant and an authorised person in relation to evidential material that relates to a provision mentioned in subsection (1): (a) the Secretary; (b) an APS employee in the Department appointed by the Secretary under subsection 40(1). Issuing officer (4) 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 (5) For the purposes of Part 3 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to evidential material that relates to a provision mentioned in subsection (1). (6) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s 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). (7) A person exercising powers or performing functions under a delegation under subsection (6) must comply with any directions of the Secretary. Relevant court (8) 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); (c) a court of a State or Territory that has jurisdiction in relation to matters arising under this Act. Additional investigation powers (9) For the purposes of Part 3 of the Regulatory Powers Act, the additional powers mentioned in subsection (10) are also taken to be investigation powers in relation to evidential material that relates to a provision mentioned in subsection (1). (10) The additional investigation powers are the powers to take and keep samples of any thing at any premises entered 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 (1). Person assisting (11) An authorised officer 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 a 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 officer may use such force against things as is necessary and reasonable in the circumstances; and (b) a person assisting the authorised officer 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 any external Territory to which this Act extends because of regulations made for the purpose of section 4.