Document ID: chunk:federal_register_of_legislation:C2024C00535:section:53:p2
Version: federal_register_of_legislation:C2024C00535
Segment Type: section
Provision Reference: s 53 (pt 2/3)
Character Range: 132794–135492

(4) of this section.

Goods subject to forfeiture notice
 (4) Sections 66 to 69 of the Regulatory Powers Act do not apply to a thing seized under Part 3 of that Act if the thing is the subject of a forfeiture notice under section 60A of this Act.

Operating equipment etc. that may contain evidential material
 (5) Subsection 50(1) of the Regulatory Powers Act is taken to include the power (subject to subsections 50(3) and (4) of that Act) to:
 (a) operate electronic equipment on premises entered under Part 3 of that Act, as that Part applies to evidential material that relates to a provision mentioned in subsection 52(1) of this Act; and
 (b) use a disk, tape or other storage device that:
 (i) is on those premises; and
 (ii) can be used with the equipment or is associated with it;
to find out whether the equipment, disk, tape or other storage device contains such evidential material.

When investigation warrant need not be announced
 (6) An additional circumstance in which subsection 56(2) of the Regulatory Powers Act is taken to authorise an authorised person not to comply with subsection 56(1) of that Act, in relation to an entry to premises under an investigation warrant to search for evidential material that relates to a provision mentioned in subsection 52(1) of this Act, is that the authorised person believes on reasonable grounds that immediate entry to the premises is required to prevent serious damage to the environment.
Note: Subsection 56(3) of the Regulatory Powers Act requires the authorised person's identity card to be shown as soon as practicable after entering the premises if the authorised person does not comply with subsection 56(1) of that Act because of subsection 56(2) of that Act.

Use of force in executing an investigation warrant
 (7) In executing an investigation warrant under Part 3 of the Regulatory Powers Act, as that Part applies in relation to evidential material that relates to a provision mentioned in subsection 52(1) of this Act:
 (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.

Identity cards
 (8) A reference to an identity card in sections 55 and 56 and subsection 76(6) of the Regulatory Powers Act, as those provisions apply in relation to evidential material that relates to a provision mentioned in subsection 52(1) of this Act, is taken to include a reference to written evidence identifying the authorised person as a member or special member of the Australian Federal Police or an officer of Customs, as the case may be.