52Investigating under Part 3 of the Regulatory Powers Act

52 Investigating under Part 3 of the Regulatory Powers Act

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.

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, each of the following provisions is related to evidential material that relates to a provision mentioned in subsection (1): (a) section 133G of the Competition and Consumer Act 2010; (b) a provision of the Australian Consumer Law relating to the safety of consumer goods; (c) a provision of Division 4 of Part 4 of the New Vehicle Efficiency Standard Act 2024. Authorised applicant, authorised person, issuing officer, relevant chief executive and relevant court (3) 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) each of the following is an authorised applicant: (i) the Secretary; (ii) an SES employee, or an acting SES employee, in the Department; and (b) an inspector is an authorised person; and (c) each of the following is an issuing officer: (i) a magistrate; (ii) a Judge of a court of a State or Territory; (iii) a Judge of the Federal Court or the Federal Circuit and Family Court of Australia (Division 2); and (d) the Secretary is the relevant chief executive; and (e) a relevant court (as defined in section 5) is a relevant court. Person assisting (4) 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).