Commonwealth Consolidated Acts

AGED CARE ACT 1997 - SECT 92.3

Provisions subject to investigation

  (1)   A provision is subject to investigation under Part   3 of the * Regulatory Powers Act if it is a * civil penalty provision (other than a civil penalty provision in Division   54).

Note 1:   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.

Note 2:   The civil penalty provisions in Division   54 are also subject to investigation under Part   3 of the Regulatory Powers Act: see Part   8A of the Quality and Safety Commission Act.

Authorised applicant, authorised person, issuing officer, relevant chief executive and relevant court

  (2)   For the purposes of Part   3 of the * Regulatory Powers Act as it applies in relation to evidential material that relates to a provision mentioned in subsection   (1):

  (a)   an * authorised officer is an authorised applicant; and

  (b)   an authorised officer is an authorised person; and

  (c)   a magistrate is an issuing officer; and

  (d)   the Secretary is the relevant chief executive; and

  (e)   each of the following is a relevant court:

  (i)   the * Federal Court;

  (ii)   the Federal Circuit and Family Court of Australia (Division   2);

  (iii)   a court of a State or Territory that has jurisdiction in relation to matters arising under this Act or the Aged Care (Transitional Provisions) Act 1997 .

Persons assisting

  (3)   An * authorised officer may be assisted by other persons in exercising powers or performing functions 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 warrant

  (4)   In executing a warrant issued under Part   3 of the * Regulatory Powers Act, as it applies in relation to evidential material that relates to a provision mentioned in subsection   (1):

  (a)   an * authorised officer may use such force against things as is necessary and reasonable in the circumstances; and

  (b)   a person assisting the officer may use such force against things as is necessary and reasonable in the circumstances.

Extension to external Territories

  (5)   Part   3 of the * Regulatory Powers Act, as it applies in relation to a provision mentioned in subsection   (1), extends to the same external Territories in which this Act applies.

Note:   See section   4 - 1 for the external Territories in which this Act applies.