Road Vehicle Standards Act 2018

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.

For the purposes of Part 3 of the Regulatory Powers Act, each of the following provisions is related to evidential material that relates to a provision mentioned in subsection (1):

section 133G of the Competition and Consumer Act 2010;

a provision of the Australian Consumer Law relating to the safety of consumer goods;

a provision of Division 4 of Part 4 of the New Vehicle Efficiency Standard Act 2024.

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):

each of the following is an authorised applicant:

the Secretary;

an SES employee, or an acting SES employee, in the Department; and

an inspector is an authorised person; and

each of the following is an issuing officer:

a magistrate;

a Judge of a court of a State or Territory;

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

the Secretary is the relevant chief executive; and

a relevant court (as defined in section 5) 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).