Document ID: chunk:federal_register_of_legislation:C2025C00140:clause:1_7:p6
Version: federal_register_of_legislation:C2025C00140
Segment Type: clause
Provision Reference: sch 1 cl 7 (pt 6/10)
Character Range: 621454–624259

relevant chief executive is:
 (i) for an infringement notice given by an infringement officer covered by subparagraph (a)(i) or (ii)—the Chief Executive Officer of *TEQSA; or
 (ii) for an infringement notice given by an infringement officer covered by subparagraph (a)(iii)—the *Secretary.
 (3) For the purposes of Part 5 of the *Regulatory Powers Act as it applies in relation to Part 5‑1A of this Act, the *Higher Education Tuition Protection Director:
 (a) is an infringement officer; and
 (b) is the relevant chief executive.

215‑25  Enforceable undertakings
 (1) The provisions of this Act (other than Schedule 1A) are enforceable under Part 6 of the *Regulatory Powers Act.
Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.
 (2) For the purposes of Part 6 of the *Regulatory Powers Act as it applies in relation to the provisions mentioned in subsection (1):
 (a) the *Secretary is an authorised person; and
 (b) each *applicable court is a relevant court.

215‑30  Injunctions
 (1) The provisions of this Act (other than Schedule 1A) are enforceable under Part 7 of the *Regulatory Powers Act.
Note: Part 7 of the Regulatory Powers Act creates a framework for using injunctions to enforce provisions.
 (2) For the purposes of Part 7 of the *Regulatory Powers Act as it applies in relation to the provisions mentioned in subsection (1):
 (a) the *Secretary is an authorised person; and
 (b) each *applicable court is a relevant court.

215‑35  Appointment of investigators
 (1) The *Secretary may, in writing, appoint a person as a HESA investigator.
 (2) The Chief Executive Officer of *TEQSA may, in writing, appoint a member of the staff of TEQSA (within the meaning of the *TEQSA Act) as a TEQSA investigator.
 (3) A person must not be appointed as a *HESA investigator, or a *TEQSA investigator, unless the appointer is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of such an investigator.
 (4) A *HESA investigator, and a *TEQSA investigator, must, in exercising powers as such, comply with any directions of the appointer.
 (5) If a direction is given under subsection (4) in writing, the direction is not a legislative instrument.

215‑40  Delegation of regulatory powers
 (1) The *Secretary may, in writing, delegate his or her powers and functions under the *Regulatory Powers Act as it applies in relation to this Act (other than Schedule 1A), to an SES employee, or an acting SES employee, in the Department.
 (1A) The *Higher Education Tuition Protection Director may, in writing, delegate the following functions and powers to an SES employee, or an acting SES employee, in the Department:
 (a) the Director's functions and powers under