Commonwealth Numbered Acts Commonwealth Numbered ActsProvisions subject to investigation
(1) A provision is subject to investigation under Part 3 of the Regulatory Powers Act if it is:
(a) an offence against this Act; or
(b) a civil penalty provision of this Act; or
(c) an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act.
Note: 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.
Related provisions
(2) 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):
(a) section 133G of the Competition and Consumer Act 2010 ;
(b) a provision of the Australian Consumer Law relating to the safety of consumer goods.
Authorised applicant, authorised person, issuing officer, relevant chief executive and relevant court
(3) 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):
(a) each of the following is an authorised applicant:
(i) the Secretary;
(ii) an SES employee, or an acting SES employee, in the Department; and
(b) an inspector is an authorised person; and
(c) each of the following is an issuing officer:
(i) a magistrate;
(ii) a Judge of a court of a State or Territory;
(iii) a Judge of the Federal Court or the Federal Circuit Court; and
(d) the Secretary is the relevant chief executive; and
(e) a relevant court (as defined in section 5) is a relevant court.
Person assisting
(4) 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).