Document ID: chunk:federal_register_of_legislation:C2025C00022:section:327
Version: federal_register_of_legislation:C2025C00022
Segment Type: section
Provision Reference: s 327
Character Range: 547613–549502

327  Modifications of Part 2 of the Regulatory Powers Act

Additional monitoring power
 (1) For the purposes of Part 2 of the Regulatory Powers Act, the additional powers referred to in subsection (2) are also taken to be monitoring powers for the purposes of determining:
 (a) whether a provision referred to in subsection 326(1) has been, or is being, complied with; or
 (b) the correctness of information referred to in subsection 326(2).
 (2) The additional monitoring powers are:
 (a) the powers to take, test and analyse samples of any thing on premises entered under Part 2 of the Regulatory Powers Act; and
 (b) the power to secure premises entered under Part 2 of the Regulatory Powers Act; and
 (c) the power to secure things on premises entered under Part 2 of the Regulatory Powers Act for the purpose of testing or analysing those things.

Identity cards
 (3) Part 2 of the Regulatory Powers Act applies in relation to the provisions of this Act as if a reference in that Part to an identity card were a reference to an identity card issued under section 306 of this Act.
 (4) The following provisions of the Regulatory Powers Act do not apply in relation to the provisions of this Act:
 (a) the definition of identity card in section 4;
 (b) sections 13 and 15;
 (c) Division 8 of Part 2.

Premises
 (5) Part 2 of the Regulatory Powers Act applies in relation to the provisions of this Act as if a reference in that Part to premises were a reference to premises as defined in section 12 of this Act.

Use of force in executing a warrant
 (6) In executing a monitoring warrant:
 (a) an authorised person may use such force against things as is necessary and reasonable in the circumstances; and
 (b) a person assisting the authorised person may use such force against things as is necessary and reasonable in the circumstances.

Part 3—Investigation

Division 1—Introduction