52Investigation powers

#### 52 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, 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, an authorised 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 (6) 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). (7) 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). (8) In exercising powers or functions delegated under subsection (7), the delegate must comply with any directions of the Secretary. Relevant court (9) 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). Additional investigation powers (10) The additional powers mentioned in subsection (11) are taken to be included in the investigation powers 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). (11) The additional investigation powers are the powers to take, test and analyse samples of evidential material on premises entered under section 48 of the Regulatory Powers Act as that section applies 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 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. Person assisting (13) 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). Self‑incrimination etc. (14) Despite section 47 of the Regulatory Powers Act, an individual is not excused from answering a question, or producing a document, under subsection 54(3) of that Act, as Part 3 of that Act applies in relation to this Act, on the ground that answering the question, or producing the document, might tend to incriminate the individual in relation to an offence. > Note: A body corporate is not entitled to claim the privilege against self‑incrimination. (15) However: (a) the answer given or document produced; and (b) the answering of the question or the production of the document; and (c) any information, document or thing obtained as a direct or indirect consequence of the answering of the question or the production of the document; are not admissible in evidence against the individual in criminal proceedings, other than proceedings for an offence against: (d) section 137.1 or 137.2 of the Criminal Code (which deals with false or misleading information or documents) that relates to this Act; or (e) section 149.1 of the Criminal Code (which deals with obstruction of Commonwealth public officials) that relates to this Act. (15A) If, at general law, an individual would otherwise be able to claim the privilege against self‑exposure to a penalty (other than a penalty for an offence) in relation to answering a question, or producing a document, under subsection 54(3) of the Regulatory Powers Act, as Part 3 of that Act applies in relation to this Act, the individual is not excused from answering the question or producing the document under that subsection on that ground. > Note: A body corporate is not entitled to claim the privilege against self‑exposure to a penalty. Extension to external Territories (16) 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.