Document ID: chunk:federal_register_of_legislation:C2019A00116:clause:2_29:p6
Version: federal_register_of_legislation:C2019A00116
Segment Type: clause
Provision Reference: sch 2 cl 29 (pt 6/9)
Character Range: 56407–59181

the Regulatory Powers Act.
 (6) If an *authorised officer requests a person to answer a question, or produce a document, under subsection 24(2) of the *Regulatory Powers Act, the person is not required to comply with the request.

92‑3  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 *civil penalty provision.
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.

Authorised applicant, authorised person, 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) an *authorised officer is an authorised applicant; and
 (b) an authorised officer is an authorised person; and
 (c) a magistrate is an issuing officer; and
 (d) the Secretary is the relevant chief executive; and
 (e) each of the following is a relevant court:
 (i) the *Federal Court;
 (ii) the Federal Circuit Court;
 (iii) a court of a State or Territory that has jurisdiction in relation to matters arising under this Act or the Aged Care (Transitional Provisions) Act 1997.

Persons assisting
 (3) An *authorised officer may be assisted by other persons in exercising powers or performing functions under Part 3 of the *Regulatory Powers Act in relation to evidential material that relates to a provision mentioned in subsection (1).

Use of force in executing warrant
 (4) In executing a warrant issued under 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) an *authorised officer may use such force against things as is necessary and reasonable in the circumstances; and
 (b) a person assisting the officer may use such force against things as is necessary and reasonable in the circumstances.

Extension to external Territories
 (5) Part 3 of the *Regulatory Powers Act, as it applies in relation to a provision mentioned in subsection (1), extends to the same external Territories in which this Act applies.
Note: See section 4‑1 for the external Territories in which this Act applies.

92‑4  Modifications of Part 3 of the Regulatory Powers Act
 (1) This section applies in relation to Part 3 of the *Regulatory Powers Act as that Part applies in relation to evidential material that relates to a provision mentioned in subsection 92‑3(1) of this Act.

Securing electronic equipment etc.
 (2) Sections 51 and 74 of the *Regulatory Powers Act are taken to apply as if:
 (a) a reference to "24 hours"