National Disability Insurance Scheme Act 2013

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

a civil penalty provision of this Act; or

an offence against the Crimes Act 1914 or the Criminal Code that relates to Part 3A (NDIS providers) of this Chapter.

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.

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

an investigator is an authorised applicant; and

an investigator is an authorised person; and

a magistrate is an issuing officer; and

the Commissioner is the relevant chief executive; and

each of the following is a relevant court:

the Federal Court;

the Federal Circuit and Family Court of Australia (Division 2);

a court of a State or Territory that has jurisdiction in relation to matters arising under this Act.

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).