Document ID: chunk:federal_register_of_legislation:C2021A00032:clause:2_101zab:p1
Version: federal_register_of_legislation:C2021A00032
Segment Type: clause
Provision Reference: sch 2 cl 101ZAB (pt 1/2)
Character Range: 36739–39395

101ZAB  Basic investigation powers under Part 3 of the Regulatory Powers Act

Provisions subject to investigation
 (1) A provision is subject to investigation under Part 3 of the Regulatory Powers Act if it is a service offence.
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.
 (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), there are no related provisions.

Authorised applicant
 (3) For the purposes of Part 3 of the Regulatory Powers Act, a person appointed under subsection 101ZAD(1) 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, a person appointed under subsection 101ZAD(2) 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, each of the following persons is an issuing officer in relation to evidential material that relates to a provision mentioned in subsection (1):
 (a) if a Judge of the Federal Court of Australia has consented to act as an issuing officer for the purposes of this Act and that consent is in force—the Judge;
 (b) if a Judge of the Federal Circuit Court of Australia has consented to act as an issuing officer for the purposes of this Act and that consent is in force—the Judge;
 (c) a magistrate.

Relevant chief executive
 (6) For the purposes of Part 3 of the Regulatory Powers Act, each of the following persons is a relevant chief executive in relation to evidential material that relates to a provision mentioned in subsection (1):
 (a) the Chief of the Defence Force;
 (b) the Inspector‑General of the Australian Defence Force.
 (7) A relevant chief executive may, in writing, delegate the powers and functions mentioned in subsection (8) to:
 (a) an APS employee who holds or performs the duties of an Executive Level 1 position, or an equivalent or higher position, in the Department; or
 (b) an officer of the Navy who holds the rank of Commander or a higher rank; or
 (c) an officer of the Army who holds the rank of Lieutenant‑Colonel or a higher rank; or
 (d) an officer of the Air Force who holds the rank of Wing Commander or a higher rank.
 (8) The powers and functions that may be delegated are:
 (a) powers and functions under Part 3 of the Regulatory Powers Act