116Investigation powers

116 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.

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) an offence against the Education Services for Overseas Students Act 2000; (b) an offence against the Crimes Act 1914 or the Criminal Code that relates to the Education Services for Overseas Students Act 2000. Authorised applicant (3) For the purposes of Part 3 of the Regulatory Powers Act: (a) the Chief Executive Officer and each Commissioner and authorised officer is an authorised applicant in relation to evidential material that relates to: (i) an offence against this Act (except Part 5A); or (ii) a civil penalty provision of this Act (except Part 5A); or (iii) an offence against the Crimes Act 1914 or the Criminal Code that relates to a provision of this Act (except Part 5A); and (b) each HESA investigator and authorised officer is an authorised applicant in relation to evidential material that relates to: (i) an offence against Part 5A; or (ii) a civil penalty provision of Part 5A; or (iii) an offence against the Crimes Act 1914 or the Criminal Code that relates to a provision of Part 5A. Authorised person (4) For the purposes of Part 3 of the Regulatory Powers Act: (a) an authorised officer is an authorised person in relation to evidential material that relates to: (i) an offence against this Act (except Part 5A); or (ii) a civil penalty provision of this Act (except Part 5A); or (iii) an offence against the Crimes Act 1914 or the Criminal Code that relates to a provision of this Act (except Part 5A); and (b) each HESA investigator and authorised officer is an authorised person in relation to evidential material that relates to: (i) an offence against Part 5A; or (ii) a civil penalty provision of Part 5A; or (iii) an offence against the Crimes Act 1914 or the Criminal Code that relates to a provision of Part 5A. 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: (a) the Chief Executive Officer is a relevant chief executive in relation to evidential material that relates to a provision mentioned in subsection (1); and (b) the Secretary is also a relevant chief executive in relation to evidential material that relates to: (i) an offence against Part 5A; or (ii) a civil penalty provision of Part 5A; or (iii) an offence against the Crimes Act 1914 or the Criminal Code that relates to a provision of Part 5A.