Export Control Act 2020

A provision is subject to investigation under Part 3 of the Regulatory Powers Act if it is:

an offence against this Act; or

a civil penalty provision of this Act; or

an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act.

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.

An authorised officer may, under Part 5 of this Chapter, enter certain kinds of premises without a warrant or consent to exercise investigation and seizure powers.

For the purposes of Part 3 of the Regulatory Powers Act, as it applies in relation to evidential material that relates to a provision referred to in subsection (1):

each related provision (as defined in section 12 of this Act) is related to that evidential material; and

an authorised officer is an authorised applicant; and

an authorised officer is an authorised person; and

an issuing officer (as defined in section 12 of this Act) is an issuing officer; and

the Secretary is the relevant chief executive; and

a relevant court (as defined in section 12 of this Act) is the relevant court.

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 referred to in subsection (1).

An authorised person may be assisted by other persons in exercising powers or performing functions or duties referred to in this subsection if the assistance is necessary and reasonable (see paragraph 53(1)(a) of the Regulatory Powers Act).

Part 3 of the Regulatory Powers Act, as it applies in relation to a provision referred to in subsection (1), extends to every external Territory, and each other area, to which the provision extends under subsection 8(2).