Document ID: chunk:federal_register_of_legislation:C2019A00116:clause:2_74d
Version: federal_register_of_legislation:C2019A00116
Segment Type: clause
Provision Reference: sch 2 cl 74D
Character Range: 103364–105597

74D  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 the Aged Care Act; or
 (b) an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act or the Aged Care 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.

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 it applies in relation to evidential material that relates to a provision mentioned in subsection (1):
 (a) an authorised officer is an authorised applicant; and
 (b) an authorised officer is an authorised person; and
 (c) a magistrate is an issuing officer; and
 (d) the Commissioner is the relevant chief executive; and
 (e) each of the following is a relevant court:
 (i) the Federal Court;
 (ii) the Federal Circuit Court;
 (iii) a court of a State or Territory that has jurisdiction in relation to matters arising under this Act, the Aged Care Act or the Aged Care (Transitional Provisions) Act 1997.

Persons assisting
 (3) An authorised officer may be assisted by other persons in exercising powers or performing functions 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 warrant
 (4) In executing a warrant issued under Part 3 of the Regulatory Powers Act, as it applies in relation to evidential material that relates to a provision mentioned in subsection (1):
 (a) an authorised officer may use such force against things as is necessary and reasonable in the circumstances; and
 (b) a person assisting the officer may use such force against things as is necessary and reasonable in the circumstances.

Extension to external Territories
 (5) Part 3 of the Regulatory Powers Act, as it applies in relation to a provision mentioned in subsection (1), extends to the external Territories other than the Territory of Ashmore and Cartier Islands.