Document ID: chunk:federal_register_of_legislation:C2025C00055:section:80td:p1
Version: federal_register_of_legislation:C2025C00055
Segment Type: section
Provision Reference: s 80TD (pt 1/2)
Character Range: 490312–493002

80TD  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, or a civil penalty provision, in this Act; or
 (b) any of the following:
 (i) a civil penalty provision that is enforceable by the Commissioner under the Digital ID Act 2024;
 (ii) a civil penalty provision that is enforceable by the Commissioner under the Healthcare Identifiers Act 2010 or an instrument made under that Act;
 (iii) a civil penalty provision that is enforceable by the Commissioner under the My Health Records Act 2012;
 (iv) a civil penalty provision that is enforceable by the Commissioner under Division 5 of Part IVD of the Competition and Consumer Act 2010; or
 (c) an offence provision of the Crimes Act 1914 or the Criminal Code, to the extent that it relates to an offence provision in this Act.
Note 1: 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.
Note 2: Part 3 of the Regulatory Powers Act is modified by section 80TE.
Note 3: Subparagraph (1)(b)(iv) is subject to subsection 80TE(2).

Authorised applicant
 (2) 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 Commissioner;
 (b) a member of the staff of the Commissioner who is an SES employee, or an acting SES employee, or who holds, or is acting in, a position that is equivalent to, or higher than, a position occupied by an SES employee.

Authorised person
 (3) For the purposes of Part 3 of the Regulatory Powers Act, each of the following persons is an authorised person in relation to evidential material that relates to a provision mentioned in subsection (1):
 (a) the Commissioner;
 (b) a member of the staff of the Commissioner who is authorised in writing by the Commissioner or a delegate of the Commissioner;
 (c) a consultant who is:
 (i) engaged under section 24 of the Australian Information Commissioner Act 2010 in relation to performance of the functions or the exercise of the powers of the Commissioner; and
 (ii) authorised in writing by the Commissioner or a delegate of the Commissioner.

Issuing officer
 (4) For the purposes of Part 3 of the Regulatory Powers Act, any judicial officer within the meaning of the Regulatory Powers Act is an issuing officer in relation to evidential material that relates to a provision mentioned in subsection (1).

Relevant chief executive
 (5) For the purposes of Part 3 of