Document ID: chunk:federal_register_of_legislation:C2024C00535:section:53:p1
Version: federal_register_of_legislation:C2024C00535
Segment Type: section
Provision Reference: s 53 (pt 1/3)
Character Range: 130330–132991

53  Modifications of Part 3 of the Regulatory Powers Act

Additional investigative powers
 (1) The additional powers mentioned in subsection (2) are taken to be included in the investigation powers 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 52(1).
 (2) The additional investigation powers are:
 (a) the power to take samples of any thing on premises entered under Part 3 of the Regulatory Powers Act; and
 (b) the power to remove, test and analyse such samples; and
 (c) the power to secure premises entered under Part 3 of the Regulatory Powers Act; and
 (d) the power to secure things on premises entered under Part 3 of the Regulatory Powers Act for the purpose of sampling, testing or analysing those things; and
 (e) the power to secure a container on premises entered under Part 3 of the Regulatory Powers Act that contains a thing if the inspector reasonably believes that it is not reasonably practicable to secure the thing without also securing the container (whether or not the container contains any other thing); and
 (f) if the authorised person has the power to seize a thing (the seizable thing) under Part 3 of the Regulatory Powers Act—the power to seize a container that contains the seizable thing, and any other thing contained in the container, if the inspector reasonably believes that it is not reasonably practicable to seize the seizable thing without also seizing the container.

Return of containers
 (3) Despite subsection 66(1) of the Regulatory Powers Act, the requirement under that subsection for the relevant chief executive to take reasonable steps to return a container or other thing, seized under the additional power mentioned in paragraph (2)(f) of this section, applies only from the following time:
 (a) subject to paragraph (b) of this subsection—the time that requirement applies in relation to the seizable thing;
 (b) if the seizable thing is the subject of a forfeiture notice under section 60A of this Act—the time:
 (i) the seizable thing is returned under subsection 60B(5) of this Act; or
 (ii) the seizable thing is forfeited to the Commonwealth under section 60C of this Act.
Note: Section 66 of the Regulatory Powers Act may not apply at all in relation to the container or other thing if the container or other thing is the subject of a forfeiture notice under section 60A of this Act: see subsection (4) of this section.

Goods subject to forfeiture notice
 (4) Sections 66 to 69 of the Regulatory Powers Act do not apply to a thing seized under Part 3 of that Act if the thing is the subject of a