Document ID: chunk:federal_register_of_legislation:C2020A00101:clause:1_131b
Version: federal_register_of_legislation:C2020A00101
Segment Type: clause
Provision Reference: sch 1 cl 131B
Character Range: 49147–50441

131B  Investigation powers
 (1) A provision of Part 5A of this Act is subject to investigation under Part 3 of the Regulatory Powers Act if it is:
 (a) a civil penalty provision; or
 (b) 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.
 (2) For the purposes of Part 3 of the Regulatory Powers Act as it applies in relation to the provisions mentioned in subsection (1):
 (a) each HESA investigator and authorised officer is an authorised applicant; and
 (b) each HESA investigator and authorised officer is an authorised person; and
 (c) a judicial officer is an issuing officer; and
 (d) for an authorised person who is a HESA investigator, the Secretary is the relevant chief executive; and
 (e) for an authorised person who is an authorised officer, the Chief Executive Officer of TEQSA is the relevant chief executive; and
 (f) each applicable court is a relevant court.
 (3) 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 the provisions of Part 5A of this Act.