Commonwealth Consolidated Acts Commonwealth Consolidated ActsProvisions subject to investigation
(1) A provision is subject to investigation under Part 3 of the Regulatory Powers Act if it is:
(a) an offence provision of this Act; or
(b) a civil penalty provision of this Act.
Note: Offence against this Act has an extended meaning (see section 11).
Authorised applicant
(2) For the purposes of Part 3 of the Regulatory Powers Act, an inspector is an authorised applicant in relation to evidential material that relates to a provision mentioned in subsection (1).
Authorised person
(3) For the purposes of Part 3 of the Regulatory Powers Act, an inspector is an authorised person in relation to evidential material that relates to a provision mentioned in subsection (1).
Issuing officer
(4) For the purposes of Part 3 of the Regulatory Powers Act, each of the following persons is an issuing officer in relation to evidential material that relates to a provision mentioned in subsection (1):
(a) if a Judge of the Federal Court has consented to act as an issuing officer for the purposes of this Act and that consent is in force--the Judge;
(b) if a Judge of the Federal Circuit and Family Court of Australia has consented to act as an issuing officer for the purposes of this Act and that consent is in force--the Judge;
(c) a magistrate.
Relevant chief executive
(5) For the purposes of Part 3 of the Regulatory Powers Act, the Chair of the ACMA is the relevant chief executive in relation to evidential material that relates to a provision mentioned in subsection (1).
(6) The relevant chief executive may, in writing, delegate the powers and functions mentioned in subsection (7) to a person who is:
(a) a member of the staff of the ACMA; and
(b) an SES employee or an acting SES employee.
(7) The powers and functions that may be delegated are:
(a) powers 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 mentioned in paragraph (a).
(8) A person exercising powers or performing functions under a delegation under subsection (6) must comply with any directions of the relevant chief executive.
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;
(b) the Federal Circuit and Family Court of Australia .
Premises
(10) For the purposes of Part 3 of the Regulatory Powers Act, as it applies in relation to a provision mentioned in subsection (1), each of the following is taken to be premises:
(a) a vessel;
(b) an aircraft;
(c) a space object.
Person assisting
(11) 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).
Disposal
(12) Part 3 of the Regulatory Powers Act, as it applies in relation to a provision mentioned in subsection (1), has effect as if a reference in section 68 of that Act to the disposal of a thing included a reference to the disposal of a thing by way of destruction.
Use of force in executing a warrant
(13) In executing an investigation warrant:
(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.
External Territories
(14) Part 3 of the Regulatory Powers Act, as it applies in relation to the provisions mentioned in subsection (1), extends to every external Territory.
Geographical application
(15) Sections 16, 17, 17A and 18 have effect as if a reference in those sections to this Act included a reference to Part 3 of the Regulatory Powers Act, as it applies in relation to the provisions mentioned in subsection (1) of this section.