21Investigation powers

21 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 or the rules.

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, a compliance officer is both an authorised applicant and an authorised person in relation to evidential material that relates to a provision mentioned in subsection (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). Person assisting (9) A compliance 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 an investigation warrant (10) 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 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 external Territories (11) Part 3 of the Regulatory Powers Act, as that Part applies in relation to a provision mentioned in subsection (1), extends to each external Territory to which this Act extends because of rules made for the purposes of section 6 of this Act.