Document ID: chunk:federal_register_of_legislation:C2018C00435:clause:10_86:p1
Version: federal_register_of_legislation:C2018C00435
Segment Type: clause
Provision Reference: sch 10 cl 86 (pt 1/2)
Character Range: 120949–123689

86  Investigation powers

Provisions subject to investigation
 (1) The following provisions are subject to investigation under Part 3 of the Regulatory Powers Act:
 (a) an offence against this Act or the regulations;
 (b) an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act or the regulations.
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.

Related provisions
 (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, an inspector 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, an inspector 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, a magistrate is an issuing officer in relation to evidential material that relates to a provision mentioned in subsection (1).

Relevant chief executive
 (6) For the purposes of Part 3 of the Regulatory Powers Act, the Director is the relevant chief executive in relation to evidential material that relates to a provision mentioned in subsection (1).
 (7) The Director may, in writing, delegate the Director's powers and functions under Part 3 of the Regulatory Powers Act in relation to evidential material that relates to a provision mentioned in subsection (1) to:
 (a) a person whose classification level appears in Group 7 or 8 of Schedule 1 to the Classification Rules under the Public Service Act 1999; or
 (b) a person who is acting in a position usually occupied by a person with a classification level of a kind mentioned in paragraph (a).

Relevant court
 (8) For the purposes of Part 3 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):
 (a) the Federal Court of Australia;
 (b) the Federal Circuit Court of Australia;
 (c) a court of a State or Territory that has jurisdiction in relation to matters arising under this Act.

Person assisting
 (9) An inspector may be assisted by other persons in exercising powers or performing functions or duties 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