187Investigation powers

187 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) a civil penalty provision of this Act; or (b) an offence provision of the Crimes Act 1914 or the Criminal Code, to the extent that it 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, 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 Chair of the Regulator is the relevant chief executive; and (f) each of the following is a relevant court: (i) the Federal Court; (ii) a court of a State or Territory that has jurisdiction in relation to matters arising under this Act. (3) The relevant chief executive may, in writing, delegate the powers and functions mentioned in subsection (4) to a person who is: (a) a member of the staff of the Regulator; and (b) an SES employee or acting SES employee.

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

(4) 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). (5) A person exercising powers or performing functions under a delegation under subsection (3) must comply with any directions of the relevant chief executive. Person assisting (6) 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). Extension to external Territories (7) Part 3 of the Regulatory Powers Act, as that Part applies in relation to a provision mentioned in subsection (1), extends to every external Territory.