Document ID: chunk:federal_register_of_legislation:C2025C00046:section:116:p1
Version: federal_register_of_legislation:C2025C00046
Segment Type: section
Provision Reference: s 116 (pt 1/2)
Character Range: 154619–157268

116  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, each of the following provisions is related to evidential material that relates to a provision mentioned in subsection (1):
 (a) an offence against the Education Services for Overseas Students Act 2000;
 (b) an offence against the Crimes Act 1914 or the Criminal Code that relates to the Education Services for Overseas Students Act 2000.

Authorised applicant
 (3) For the purposes of Part 3 of the Regulatory Powers Act:
 (a) the Chief Executive Officer and each Commissioner and authorised officer is an authorised applicant in relation to evidential material that relates to:
 (i) an offence against this Act (except Part 5A); or
 (ii) a civil penalty provision of this Act (except Part 5A); or
 (iii) an offence against the Crimes Act 1914 or the Criminal Code that relates to a provision of this Act (except Part 5A); and
 (b) each HESA investigator and authorised officer is an authorised applicant in relation to evidential material that relates to:
 (i) an offence against Part 5A; or
 (ii) a civil penalty provision of Part 5A; or
 (iii) an offence against the Crimes Act 1914 or the Criminal Code that relates to a provision of Part 5A.

Authorised person
 (4) For the purposes of Part 3 of the Regulatory Powers Act:
 (a) an authorised officer is an authorised person in relation to evidential material that relates to:
 (i) an offence against this Act (except Part 5A); or
 (ii) a civil penalty provision of this Act (except Part 5A); or
 (iii) an offence against the Crimes Act 1914 or the Criminal Code that relates to a provision of this Act (except Part 5A); and
 (b) each HESA investigator and authorised officer is an authorised person in relation to evidential material that relates to:
 (i) an offence against Part 5A; or
 (ii) a civil penalty provision of Part 5A; or
 (iii) an offence against the Crimes Act 1914 or the Criminal Code that relates to a provision of Part 5A.

Issuing officer
 (5) 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