Document ID: chunk:federal_register_of_legislation:C2021A00032:clause:3_131:p1
Version: federal_register_of_legislation:C2021A00032
Segment Type: clause
Provision Reference: sch 3 cl 131 (pt 1/3)
Character Range: 54515–57218

131  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 against this Act; 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.

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 against the TEQSA Act;
 (b) a civil penalty provision of the TEQSA Act;
 (c) an offence against the Crimes Act 1914 or the Criminal Code that relates to the TEQSA Act.

Authorised applicant
 (3) For the purposes of Part 3 of the Regulatory Powers Act, an authorised officer of the ESOS agency for a registered provider is an authorised applicant in relation to evidential material that relates to a provision mentioned in subsection (1).

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

Relevant chief executive
 (6) For the purposes of Part 3 of the Regulatory Powers Act, the relevant chief executive in relation to evidential material that relates to a provision mentioned in subsection (1) is:
 (a) to the extent that Part relates to an authorised person who is an authorised officer of TEQSA—the Chief Executive Officer of TEQSA; or
 (b) to the extent that Part relates to an authorised person who is an authorised officer of the National VET Regulator—the Chief Executive Officer of the National VET Regulator; or
 (c) to the extent that Part relates to an authorised person who is an authorised officer of the Secretary—the Secretary; or
 (d) to the extent that Part relates to an authorised person who is an authorised officer of any other entity—the head (however described) of that entity.
 (7) The relevant chief executive covered by paragraph (6)(a), (b) or (c) may, in writing, delegate the powers and functions mentioned in subsection (8) to:
 (a) for the Chief Executive Officer of TEQSA—a member of the staff of TEQSA (within the meaning of the TEQSA Act) who is:
 (i) an SES employee