196Investigation powers (general)

196 Investigation powers (general)

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; or (c) an offence provision of the applied work health and safety provisions; or (d) a WHS civil penalty provision within the meaning of the applied work health and safety provisions, as if the WHS civil penalty provision were a civil penalty provision; or (e) an offence provision of the Crimes Act 1914 or the Criminal Code, to the extent that it relates to this Act or the applied work health and safety provisions.

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 (3) For the purposes of Part 3 of the Regulatory Powers Act, an OEI inspector is an authorised applicant in relation to evidential material that relates to a provision mentioned in subsection (1). Authorised person (4) For the purposes of Part 3 of the Regulatory Powers Act, an OEI inspector is an authorised person in relation to evidential material that relates to a provision mentioned in subsection (1). Issuing officer (5) 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 (6) For the purposes of Part 3 of the Regulatory Powers Act, the CEO is the relevant chief executive in relation to evidential material that relates to a provision mentioned in subsection (1). (7) The relevant chief executive may, in writing, delegate the powers and functions mentioned in subsection (8) to an SES employee, or acting SES employee, of the Regulator. (8) 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). (9) A person exercising powers or performing functions under a delegation under subsection (7) must comply with any directions of the relevant chief executive. Relevant court (10) 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 an offence or civil penalty provision mentioned in subsection (1): (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); (c) the Supreme Court of a State or Territory. Person assisting (11) 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). Use of force in executing a warrant (12) In executing an investigation warrant: (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. Extension to Commonwealth offshore area (13) Part 3 of the Regulatory Powers Act, as that Part applies in relation to a provision mentioned in subsection (1), extends to the Commonwealth offshore area. Extension to external Territories (14) 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 to which this Act extends.