188Modifications of Part 3 of the Regulatory Powers Act

188 Modifications of Part 3 of the Regulatory Powers Act

Additional investigative powers (1) The additional powers mentioned in subsection (2) 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 187(1) of this Act. (2) The additional investigation powers are: (a) the power to take samples of 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 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). Operating electronic equipment etc. that may contain evidential material (3) Subsection 50(1) of the Regulatory Powers Act is taken to include the power (subject to subsections 50(3) and (4) of that 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 187(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. Use of force in executing an investigation warrant (4) 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 187(1) of this Act: (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. Identity cards (5) 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 187(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. (6) 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 187(1) of this Act, does not require the relevant chief executive to issue an identity card to an authorised person who is a member or special member of the Australian Federal Police.