Document ID: chunk:federal_register_of_legislation:C2018C00435:clause:13_52:p1
Version: federal_register_of_legislation:C2018C00435
Segment Type: clause
Provision Reference: sch 13 cl 52 (pt 1/3)
Character Range: 160724–163459

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) 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, as that Part applies in relation to evidential material that relates to a provision mentioned in subsection (1), there are no related provisions.

Authorised applicant and authorised person
 (3) For the purposes of Part 3 of the Regulatory Powers Act, an authorised officer is both an authorised applicant and 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, a person is an issuing officer in relation to evidential material that relates to a provision mentioned in subsection (1) if:
 (a) the person is:
 (i) a Judge of a court created by the Parliament; or
 (ii) a Deputy President of the Administrative Appeals Tribunal; or
 (iii) a non‑presidential member of the Administrative Appeals Tribunal who is enrolled as a legal practitioner of the High Court, or the Supreme Court of a State or Territory, and has been so enrolled for at least 5 years; and
 (b) the person has consented to exercise powers conferred by that Part in relation to evidential material that relates to a provision mentioned in subsection (1); and
 (c) the Attorney‑General has, by writing, nominated the person to exercise those powers.
 (5) An issuing officer who is a Deputy President or non‑presidential member of the Administrative Appeals Tribunal exercising a power conferred by 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), has the same protection and immunity as a Justice of the High Court.
Note: Subsection 75(3) of the Regulatory Powers Act confers protection and immunity on a judge exercising the powers of an issuing officer.

Relevant chief executive
 (6) For the purposes of Part 3 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to evidential material that relates to a provision mentioned in subsection (1).
 (7) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary's powers and functions under Part 3 of