Commonwealth Consolidated Acts

HIGHER EDUCATION SUPPORT ACT 2003 - SECT 215.10

  (1)   A provision is subject to investigation under Part   3 of the * Regulatory Powers Act if it is:

  (a)   a * civil penalty provision of this Act (other than Schedule   1A); or

  (b)   an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act (other than Schedule   1A).

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:   Schedule   1A of this Act contains separate monitoring and investigation powers in relation to matters dealt with in that Schedule: see Subdivision   5A - C of that Schedule.

  (2)   For the purposes of Part   3 of the * Regulatory Powers Act as it applies in relation to the provisions mentioned in subsection   (1):

  (a)   each * HESA investigator and * TEQSA investigator is an authorised applicant; and

  (b)   each HESA investigator and TEQSA investigator is an authorised person; and

  (c)   a * judicial officer is an issuing officer; and

  (d)   for an authorised person who is a HESA investigator, the * Secretary is the relevant chief executive; and

  (e)   for an authorised person who is a TEQSA investigator, the Chief Executive Officer of * TEQSA is the relevant chief executive; and

  (f)   each * applicable court is a relevant court.

  (3)   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 this Act (other than Schedule   1A).