Document ID: chunk:federal_register_of_legislation:C2021C00358:clause:2_101b:p1
Version: federal_register_of_legislation:C2021C00358
Segment Type: clause
Provision Reference: sch 2 cl 101B (pt 1/2)
Character Range: 245501–248185

101B  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 provision of this Act; or
 (b) a civil penalty provision of this Act; or
 (c) an offence provision of the Crimes Act 1914 or the Criminal Code, to the extent that it 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 provision, or a civil penalty provision, of the Taxation Administration Act 1953;
 (b) an offence provision, or a civil penalty provision, of the Corporations Act 2001;
 (c) a provision in Part 3 or 3B of the Register of Foreign Ownership of Water or Agricultural Land Act 2015.

Authorised applicant
 (3) For the purposes of Part 3 of the Regulatory Powers Act, each of the following persons is an authorised applicant in relation to evidential material that relates to a provision mentioned in subsection (1):
 (a) the Secretary;
 (b) an authorised officer.

Authorised person
 (4) For the purposes of Part 3 of the Regulatory Powers Act, an authorised officer is an authorised person in relation to evidential material that relates to a provision mentioned in subsection (1).

Issuing officer
 (5) For the purposes of Part 3 of the Regulatory Powers Act, a person is an issuing officer in relation to evidential material that relates to the provisions mentioned in subsection (1) if:
 (a) the person is:
 (i) a magistrate; or
 (ii) a Judge of a court of a State or Territory; or
 (iii) a Judge of the Federal Circuit Court of Australia or of the Federal Court of Australia; and
 (b) if subparagraph (a)(iii) applies:
 (i) the Minister has, in writing, nominated the person to be such an issuing officer; and
 (ii) the person has consented to be such an issuing officer and the consent is in force.

Relevant chief executive
 (6) For the purposes of Part 3 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to evidential material that relates to a provision mentioned in subsection (1).

Relevant court
 (7) 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 Court of Australia;