Document ID: chunk:federal_register_of_legislation:C2022C00002:clause:3_37:p2
Version: federal_register_of_legislation:C2022C00002
Segment Type: clause
Provision Reference: sch 3 cl 37 (pt 2/4)
Character Range: 35491–38192

powers of entry, search and seizure.
Note 2: Schedule 1A of this Act contains separate monitoring and investigation powers in relation to matters dealt with in that Schedule: see Subdivision 5A‑C of that Schedule.
 (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 *TEQSA investigator is an authorised applicant; and
 (b) each HESA investigator and TEQSA investigator 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 a TEQSA investigator, 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 this Act (other than Schedule 1A).

215‑15  Civil penalty provisions
 (1) Each *civil penalty provision of this Act (other than Schedule 1A) is enforceable under Part 4 of the *Regulatory Powers Act.
Note 1: Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.
Note 2: Schedule 1A of this Act contains separate monitoring and investigation powers in relation to matters dealt with in that Schedule: see Subdivision 5A‑A of that Schedule.
 (2) For the purposes of Part 4 of the *Regulatory Powers Act as it applies in relation to the provisions mentioned in subsection (1):
 (a) each of the following is an authorised applicant:
 (i) the *Secretary;
 (ii) an SES employee, or an acting SES employee, in the Department; and
 (b) each *applicable court is a relevant court.

215‑20  Infringement notices
 (1) A *civil penalty provision of this Act (other than Schedule 1A) is subject to an infringement notice under Part 5 of the *Regulatory Powers Act.
Note 1: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.
Note 2: Schedule 1A of this Act contains separate monitoring and investigation powers in relation to matters dealt with in that Schedule: see Subdivision 5A‑B of that Schedule.
 (2) For the purposes of Part 5 of the *Regulatory Powers Act as it applies in relation to the provisions mentioned in subsection (1):
 (a) each of the following is an infringement officer:
 (i) a member of the staff of TEQSA (within the meaning of the *TEQSA Act) who is an SES employee