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. > Note: For delegation by the Chief Executive Officer, see subsection 154L(2). For delegation by the Secretary, see section 201A. 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 a provision mentioned in subsection (1): (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2). 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). Extension to external Territories (12) Part 3 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), extends to every external Territory.