Ozone Protection and Synthetic Greenhouse Gas Management Act 1989

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

a provision that creates an offence against this Act or the regulations; or

a civil penalty provision of this Act or the regulations.

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 paragraph (a), see the definition of offence against this Act or the regulations in section 7.

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):

the following provisions of the Customs Act 1901 are related to that evidential material:

subsections 50(4) and (7) (prohibited imports);

subsections 112(2B) and (2BC) (prohibited exports); and

an inspector is an authorised applicant; and

an inspector is an authorised person; and

a magistrate is an issuing officer; and

the CEO is the relevant chief executive; and

a designated court is a 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 mentioned in subsection (1).

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.