Document ID: chunk:federal_register_of_legislation:C2025C00016:section:52
Version: federal_register_of_legislation:C2025C00016
Segment Type: section
Provision Reference: s 52
Character Range: 66547–68624

52  Investigating under Part 3 of the Regulatory Powers Act

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) section 133G of the Competition and Consumer Act 2010;
 (b) a provision of the Australian Consumer Law relating to the safety of consumer goods;
 (c) a provision of Division 4 of Part 4 of the New Vehicle Efficiency Standard Act 2024.

Authorised applicant, authorised person, issuing officer, relevant chief executive and relevant court
 (3) For the purposes of 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) each of the following is an authorised applicant:
 (i) the Secretary;
 (ii) an SES employee, or an acting SES employee, in the Department; and
 (b) an inspector is an authorised person; and
 (c) each of the following is an issuing officer:
 (i) a magistrate;
 (ii) a Judge of a court of a State or Territory;
 (iii) a Judge of the Federal Court or the Federal Circuit and Family Court of Australia (Division 2); and
 (d) the Secretary is the relevant chief executive; and
 (e) a relevant court (as defined in section 5) is a relevant court.

Person assisting
 (4) 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).