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RECYCLING AND WASTE REDUCTION ACT 2020 - SECT 99

General 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 provision of this Act; or

  (b)   a civil penalty provision of this Act; or

  (c)   an offence provision of the Crimes Act 1914 or the Criminal Code , to the extent that the provision 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, 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)   there are no related provisions; and

  (b)   an authorised government enforcement officer is an authorised applicant; and

  (c)   an authorised government enforcement officer is an authorised person; and

  (d)   a magistrate is an issuing officer; and

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

  (f)   each relevant court (as defined in section   10 of this Act) is a relevant court.

Person assisting

  (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 evidential material that relates to a provision mentioned in subsection   (1).

Extension to external Territories

  (4)   Part   3 of the Regulatory Powers Act, as it applies in relation to a provision mentioned in subsection   (1), extends to every external Territory.



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