Document ID: chunk:federal_register_of_legislation:C2021A00032:clause:5_116:p1
Version: federal_register_of_legislation:C2021A00032
Segment Type: clause
Provision Reference: sch 5 cl 116 (pt 1/2)
Character Range: 81666–84408

116  Investigation powers

Provisions subject to investigation
 (1) A provision is subject to investigation under Part 3 of the Regulatory Powers Act if it is:
 (a) an offence against this Act; or
 (b) a civil penalty provision of this Act; or
 (c) an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act.
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, each of the following provisions is related to evidential material that relates to a provision mentioned in subsection (1):
 (a) an offence against the Education Services for Overseas Students Act 2000;
 (b) an offence against the Crimes Act 1914 or the Criminal Code that relates to the Education Services for Overseas Students Act 2000.

 Authorised applicant
 (3) For the purposes of Part 3 of the Regulatory Powers Act, each of the following persons is an authorised applicant in relation to evidential material that relates to a provision mentioned in subsection (1):
 (a) a Commissioner;
 (b) the Chief Executive Officer;
 (c) an authorised officer.

Authorised person
 (4) For the purposes of Part 3 of the Regulatory Powers Act, an authorised officer 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 Chief Executive Officer is the relevant chief executive in relation to evidential material that relates to a provision mentioned in subsection (1).
 (7) The Chief Executive Officer may, in writing, delegate the powers and functions mentioned in subsection (8) to a member of the staff of TEQSA who is:
 (a) an SES employee or an acting SES employee; or
 (b) an APS employee who holds or performs the duties of an Executive Level 1 or 2 position or an equivalent position.
 (8) The powers and functions that may be delegated are:
 (a) 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); and
 (b) powers and functions under the Regulatory Powers Act that are incidental to a power or function mentioned in paragraph (a).
 (9) A person exercising powers or performing functions under a delegation under subsection (7) must comply with any directions of the Chief Executive Officer.