Document ID: chunk:federal_register_of_legislation:C2024C00823:section:284b:p1
Version: federal_register_of_legislation:C2024C00823
Segment Type: section
Provision Reference: s 284B (pt 1/2)
Character Range: 503140–505807

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 and Family 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 and Family Court of Australia.

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