Document ID: chunk:federal_register_of_legislation:C2018C00435:clause:13_52:p2
Version: federal_register_of_legislation:C2018C00435
Segment Type: clause
Provision Reference: sch 13 cl 52 (pt 2/3)
Character Range: 163211–166030

relation to evidential material that relates to a provision mentioned in subsection (1).
 (7) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary'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).
 (8) In exercising powers or functions delegated under subsection (7), the delegate must comply with any directions of the Secretary.

Relevant court
 (9) For the purposes of Part 3 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to evidential material that relates to a provision mentioned in subsection (1):
 (a) the Federal Court of Australia;
 (b) the Federal Circuit Court of Australia.

Additional investigation powers
 (10) The additional power mentioned in subsection (11) is taken to be included in the investigation powers 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 (1).
 (11) The additional investigation power is the power to take samples of evidential material on premises entered under section 48 of the Regulatory Powers Act as that section applies in relation to evidential material that relates to a provision mentioned in subsection (1).

Use of force in executing a warrant
 (12) 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 (1):
 (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.

Person assisting
 (13) An authorised person 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).

Self‑incrimination
 (14) Despite section 47 of the Regulatory Powers Act, a person is not excused from giving information, producing a document or answering a question under subsection 54(3) of the Regulatory Powers Act, as Part 3 of that Act applies in relation to this Act, on the ground that the information, the production of the document, or answer to the question, might tend to incriminate the person or expose the person to a penalty.
 (15) However, in the case of an individual none of the following is admissible in evidence against the individual in criminal proceedings:
 (a) the information given, the document produced or the answer given;
 (b) giving the information, producing