Document ID: chunk:federal_register_of_legislation:C2024C00561:section:131:p2
Version: federal_register_of_legislation:C2024C00561
Segment Type: section
Provision Reference: s 131 (pt 2/3)
Character Range: 196803–199408

powers and functions mentioned in subsection (8) to:
 (a) for the Chief Executive Officer of TEQSA—a member of the staff of TEQSA (within the meaning of the TEQSA Act) who is:
 (i) an SES employee or an acting SES employee; or
 (ii) an APS employee who holds or performs the duties of an Executive Level 1 or 2 position or an equivalent position; or
 (b) for the National VET Regulator—a member of the staff of the Regulator (within the meaning of the NVETR Act) who is:
 (i) an SES employee or an acting SES employee; or
 (ii) an APS employee who holds or performs the duties of an Executive Level 1 or 2 position or an equivalent position; or
 (c) for the Secretary—an SES employee, or an acting SES employee, in the Department.
 (8) The powers and functions that may be delegated are:
 (a) powers and functions 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 or function mentioned in paragraph (a).
 (9) A person exercising powers or performing functions under a delegation under subsection (7) must comply with any directions of the relevant chief executive.

Relevant court
 (10) 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 of Australia;
 (b) the Federal Circuit and Family Court of Australia (Division 2).

Person assisting
 (11) 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).

Use of force in executing an investigation warrant
 (12) 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 (1):
 (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.

Extension to external Territories
 (13) Part 3 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), extends to each external Territory mentioned in subsection 4B(1) of this Act.

Division 5—Infringement notices