Document ID: chunk:federal_register_of_legislation:C2024C00489:section:45
Version: federal_register_of_legislation:C2024C00489
Segment Type: section
Provision Reference: s 45
Character Range: 155129–156785

45  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 to the extent that it 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, authorised applicant, issuing officer, relevant chief executive and relevant court
 (2) For the purposes of Part 3 of the Regulatory Powers Act, as it applies in relation to evidential material that relates to a provision mentioned in subsection (1):
 (a) there are no related provisions; and
 (b) an inspector is an authorised applicant; and
 (c) a magistrate is an issuing officer; and
 (d) the Secretary is the relevant chief executive; and
 (e) the Court is the relevant court.

Authorised persons
 (3) For the purposes of Part 3 of the Regulatory Powers Act:
 (a) an inspector is an authorised person in relation to evidential material that relates to a provision mentioned in subsection (1); and
 (b) an officer of Customs is an authorised person in relation to evidential material that relates to either of sections 48 and 49 of this Act.

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).