Document ID: chunk:federal_register_of_legislation:C2021A00073:clause:2_46
Version: federal_register_of_legislation:C2021A00073
Segment Type: clause
Provision Reference: sch 2 cl 46
Character Range: 19748–22374

46  Modifications of investigation powers

Additional investigation powers
 (1) The additional powers mentioned in subsection (2) are taken to be included in the investigation powers under Part 3 of the Regulatory Powers Act, as that Part applies in relation to evidential material that relates to a provision mentioned in subsection 45(1) of this Act.
 (2) The additional investigation powers are:
 (a) the power to sample any thing in a searchable place entered under Part 3 of the Regulatory Powers Act; and
 (b) the power to remove, test and analyse such samples; and
 (c) the power to secure a searchable place entered under Part 3 of the Regulatory Powers Act; and
 (d) the power to secure things in a searchable place entered under Part 3 of the Regulatory Powers Act for the purposes of sampling, testing or analysing those things; and
 (e) the powers set out in sections 47, 48 and 49 of this Act.

Premises
 (3) Part 3 of the Regulatory Powers Act applies in relation to evidential material that relates to a provision mentioned in subsection 45(1) of this Act as if a reference in that Part to "premises" were a reference to "searchable place" as defined in section 4 of this Act.

Occupier
 (4) Part 3 of the Regulatory Powers Act applies in relation to evidential material that relates to a provision mentioned in subsection 45(1) of this Act as if a reference in that Part to "occupier" were a reference to "relevant authority" as defined in section 4 of this Act.

Stopping or detaining a vessel, aircraft or vehicle
 (5) If an authorised person is authorised under section 48 of the Regulatory Powers Act, as it applies in relation to evidential material that relates to a provision mentioned in subsection 45(1) of this Act, to enter a searchable place that is a vessel, aircraft or vehicle, the investigation powers under Part 3 of the Regulatory Powers Act are taken to include a power that the authorised person may stop and detain the vessel, aircraft or vehicle for the purposes of:
 (a) entering the vessel, aircraft or vehicle; and
 (b) exercising investigation powers under that Part.

Use of force in executing an investigation warrant
 (6) In executing an investigation warrant under Part 3 of the Regulatory Powers Act, as that Part applies in relation to evidential material that relates to a provision mentioned in subsection 45(1) of this Act:
 (a) an authorised person may use such force against things as is necessary and reasonable in the circumstances; and
 (b) a person assisting the authorised person may use such force against things as is necessary and reasonable in the circumstances.