Investigation powers
25 Investigation powers
A provision is subject to investigation under Part 3 of the Regulatory Powers Act if it is:
an offence provision of 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.
For the purposes of Part 3 of the Regulatory Powers Act as it applies in relation to this Act:
there are no related provisions; 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
each of the following is a relevant court:
the Federal Court of Australia;
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 offences and civil penalty provisions of this Act.
This Act’s bill:Explanatory memorandumSecond reading speech
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