Document ID: chunk:federal_register_of_legislation:C2024C00495:section:129
Version: federal_register_of_legislation:C2024C00495
Segment Type: section
Provision Reference: s 129
Character Range: 163556–165645

129  Investigation powers

Provisions subject to investigation
 (1) The following provisions are subject to investigation under Part 3 of the Regulatory Powers Act:
 (a) an offence against this Act;
 (b) a civil penalty provision of this Act;
 (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, authorised applicant, authorised person, issuing officer, relevant chief executive and relevant court
 (2) 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) there are no related provisions; and
 (b) the Executive Director and each authorised inspector is an authorised applicant; and
 (c) the Executive Director and each authorised inspector is an authorised person; and
 (d) an issuing officer (as defined in section 9 of this Act) is an issuing officer; and
 (e) the Executive Director is the relevant chief executive; and
 (f) each relevant court (as defined in section 9 of this Act) is a relevant court.

Persons assisting
 (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 evidential material that relates to a provision mentioned in subsection (1).

Use of force in executing a warrant
 (4) In executing an investigation warrant 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 (1):
 (a) an authorised person may use such force against things as is necessary and reasonable in the circumstances; and
 (b) a person assisting the authorised person may use such force against things as is necessary and reasonable in the circumstances.

Division 3—Civil penalty provisions, infringement notices and injunctions