Document ID: chunk:federal_register_of_legislation:C2022A00092:clause:1_52
Version: federal_register_of_legislation:C2022A00092
Segment Type: clause
Provision Reference: sch 1 cl 52
Character Range: 72103–73898

52  Investigation powers

Provisions subject to investigation
 (1) A provision is subject to investigation under Part 3 of the Regulatory Powers Act if it is:
 (a) a provision that creates an offence against this Act or the regulations; or
 (b) a civil penalty provision of this Act or the regulations.
Note 1: 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.
Note 2: For paragraph (a), see the definition of offence against this Act or the regulations in section 7.

Related provisions, authorised applicant, authorised person, issuing officer, relevant chief executive and relevant court
 (2) 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) the following provisions of the Customs Act 1901 are related to that evidential material:
 (i) subsections 50(4) and (7) (prohibited imports);
 (ii) subsections 112(2B) and (2BC) (prohibited exports); and
 (b) an inspector is an authorised applicant; and
 (c) an inspector is an authorised person; and
 (d) a magistrate is an issuing officer; and
 (e) the Secretary is the relevant chief executive; and
 (f) a designated court is a relevant court.

Person assisting
 (3) 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).

Extension to external Territories
 (4) 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.