75Investigation powers

75 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 provision of this Act; or (b) a civil penalty provision of this Act (other than section 17); or (c) 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) a provision of Part 2 of the Road Vehicle Standards Act 2018 is related to that evidential material; and (b) each of the following is an authorised applicant: (i) the Secretary; (ii) an SES employee, or acting SES employee, in the Department; and (c) an inspector is an authorised person; and (d) each of the following is an issuing officer; (i) a magistrate; (ii) a Judge of a relevant court; and (e) the Secretary is the relevant chief executive; and (f) a relevant court (as defined in section 10 of this Act) is a relevant court. 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). Extension to external Territories (4) 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.