Document ID: chunk:federal_register_of_legislation:C2021C00345:clause:6_284b:p1
Version: federal_register_of_legislation:C2021C00345
Segment Type: clause
Provision Reference: sch 6 cl 284B (pt 1/2)
Character Range: 207026–209696

284B  Investigation powers—general

Provisions subject to investigation
 (1) A provision is subject to investigation under Part 3 of the Regulatory Powers Act if it is:
 (a) an offence provision of this Act; or
 (b) a civil penalty provision of this Act.
Note: Offence against this Act has an extended meaning (see section 11).

Authorised applicant
 (2) For the purposes of Part 3 of the Regulatory Powers Act, an inspector is an authorised applicant in relation to evidential material that relates to a provision mentioned in subsection (1).

Authorised person
 (3) For the purposes of Part 3 of the Regulatory Powers Act, an inspector is an authorised person in relation to evidential material that relates to a provision mentioned in subsection (1).

Issuing officer
 (4) For the purposes of Part 3 of the Regulatory Powers Act, each of the following persons is an issuing officer in relation to evidential material that relates to a provision mentioned in subsection (1):
 (a) if a Judge of the Federal Court has consented to act as an issuing officer for the purposes of this Act and that consent is in force—the Judge;
 (b) if a Judge of the Federal Circuit Court of Australia has consented to act as an issuing officer for the purposes of this Act and that consent is in force—the Judge;
 (c) a magistrate.

Relevant chief executive
 (5) For the purposes of Part 3 of the Regulatory Powers Act, the Chair of the ACMA is the relevant chief executive in relation to evidential material that relates to a provision mentioned in subsection (1).
 (6) The relevant chief executive may, in writing, delegate the powers and functions mentioned in subsection (7) to a person who is:
 (a) a member of the staff of the ACMA; and
 (b) an SES employee or an acting SES employee.
 (7) The powers and functions that may be delegated are:
 (a) powers under Part 3 of the Regulatory Powers Act in relation to evidential material that relates to a provision mentioned in subsection (1); and
 (b) powers and functions under the Regulatory Powers Act that are incidental to a power mentioned in paragraph (a).
 (8) A person exercising powers or performing functions under a delegation under subsection (6) must comply with any directions of the relevant chief executive.

Relevant court
 (9) For the purposes of Part 3 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to evidential material that relates to a provision mentioned in subsection (1):
 (a) the Federal Court;
 (b) the Federal Circuit Court of Australia.

Premises
 (10) For the purposes of Part 3 of the Regulatory Powers Act, as it applies in relation to a provision mentioned