Commonwealth Consolidated Acts Commonwealth Consolidated ActsAdditional investigative powers
(1) The additional powers mentioned in subsection (2) are 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 52(1).
(2) The additional investigation powers are:
(a) the power to take samples of any thing on premises entered under Part 3 of the Regulatory Powers Act; and
(b) the power to remove, test and analyse such samples; and
(c) the power to secure premises entered under Part 3 of the Regulatory Powers Act; and
(d) the power to secure things on premises entered under Part 3 of the Regulatory Powers Act for the purpose of sampling, testing or analysing those things; and
(e) the power to secure a container on premises entered under Part 3 of the Regulatory Powers Act that contains a thing if the inspector reasonably believes that it is not reasonably practicable to secure the thing without also securing the container (whether or not the container contains any other thing); and
(f) if the authorised person has the power to seize a thing (the seizable thing ) under Part 3 of the Regulatory Powers Act--the power to seize a container that contains the seizable thing, and any other thing contained in the container, if the inspector reasonably believes that it is not reasonably practicable to seize the seizable thing without also seizing the container.
Return of containers
(3) Despite subsection 66(1) of the Regulatory Powers Act, the requirement under that subsection for the relevant chief executive to take reasonable steps to return a container or other thing, seized under the additional power mentioned in paragraph (2)(f) of this section, applies only from the following time:
(a) subject to paragraph (b) of this subsection--the time that requirement applies in relation to the seizable thing;
(b) if the seizable thing is the subject of a forfeiture notice under section 60A of this Act--the time:
(i) the seizable thing is returned under subsection 60B(5) of this Act; or
(ii) the seizable thing is forfeited to the Commonwealth under section 60C of this Act.
Note: Section 66 of the Regulatory Powers Act may not apply at all in relation to the container or other thing if the container or other thing is the subject of a forfeiture notice under section 60A of this Act: see subsection (4) of this section.
Goods subject to forfeiture notice
(4) Sections 66 to 69 of the Regulatory Powers Act do not apply to a thing seized under Part 3 of that Act if the thing is the subject of a forfeiture notice under section 60A of this Act.
Operating equipment etc. that may contain evidential material
(5) Subsection 50(1) of the Regulatory Powers Act is taken to include the power (subject to subsections 50(3) and (4) of that Act) to:
(a) operate electronic equipment on premises entered under Part 3 of that Act, as that Part applies to evidential material that relates to a provision mentioned in subsection 52(1) of this Act; and
(b) use a disk, tape or other storage device that:
(i) is on those premises; and
(ii) can be used with the equipment or is associated with it;
to find out whether the equipment, disk, tape or other storage device contains such evidential material.
When investigation warrant need not be announced
(6) An additional circumstance in which subsection 56(2) of the Regulatory Powers Act is taken to authorise an authorised person not to comply with subsection 56(1) of that Act, in relation to an entry to premises under an investigation warrant to search for evidential material that relates to a provision mentioned in subsection 52(1) of this Act, is that the authorised person believes on reasonable grounds that immediate entry to the premises is required to prevent serious damage to the environment.
Note: Subsection 56(3) of the Regulatory Powers Act requires the authorised person's identity card to be shown as soon as practicable after entering the premises if the authorised person does not comply with subsection 56(1) of that Act because of subsection 56(2) of that Act.
Use of force in executing an investigation warrant
(7) 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 52(1) of this Act:
(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.
Identity cards
(8) A reference to an identity card in sections 55 and 56 and subsection 76(6) of the Regulatory Powers Act, as those provisions apply in relation to evidential material that relates to a provision mentioned in subsection 52(1) of this Act, is taken to include a reference to written evidence identifying the authorised person as a member or special member of the Australian Federal Police or an officer of Customs, as the case may be.
(9) Subsection 76(1) of the Regulatory Powers Act, as that subsection applies in relation to evidential material that relates to a provision mentioned in subsection 52(1) of this Act, does not require the relevant chief executive to issue an identity card to an authorised person who is a member or special member of the Australian Federal Police, or an officer of Customs.