Document ID: chunk:federal_register_of_legislation:C2021A00124:clause:1_49b:p1
Version: federal_register_of_legislation:C2021A00124
Segment Type: clause
Provision Reference: sch 1 cl 49B (pt 1/2)
Character Range: 142197–144928

49B  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 section 35AT or 45; or
 (b) a civil penalty provision of this Act.

Authorised applicant
 (2) For the purposes of Part 3 of the Regulatory Powers Act, a person who is appointed under subsection (3) is an authorised applicant in relation to evidential material that relates to a provision mentioned in subsection (1).
 (3) The Secretary may, by writing, appoint a person who:
 (a) is an SES employee, or an acting SES employee, in:
 (i) the Department; or
 (ii) a relevant Commonwealth regulator; or
 (b) holds, or is acting in, a position in a relevant Commonwealth regulator that is equivalent to, or higher than, a position occupied by an SES employee;
to be an authorised applicant in relation to evidential material that relates to a provision mentioned in subsection (1).
Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.

Authorised person
 (4) For the purposes of Part 3 of the Regulatory Powers Act, a person who is appointed under subsection (5) is an authorised person in relation to evidential material that relates to a provision mentioned in subsection (1).
 (5) The Secretary may, by writing, appoint a person who is:
 (a) an APS employee in:
 (i) the Department; or
 (ii) a relevant Commonwealth regulator; or
 (b) an officer or employee of a relevant Commonwealth regulator;
to be an authorised person in relation to evidential material that relates to a provision mentioned in subsection (1).

Issuing officer
 (6) For the purposes of Part 3 of the Regulatory Powers Act, a magistrate is an issuing officer in relation to evidential material that relates to a provision mentioned in subsection (1).

Relevant chief executive
 (7) 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).
 (8) The relevant chief executive may, in writing, delegate the powers and functions mentioned in subsection (9) to a person who is an SES employee or an acting SES employee in the Department.
Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.
 (9) 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