Commonwealth Consolidated Acts

REGULATORY POWERS (STANDARD PROVISIONS) ACT 2014 - SECT 4

    In this Act:

"authorised applicant" :

  (a)   in Part   2 (monitoring)--has the meaning given by section   11; and

  (b)   in Part   3 (investigation)--has the meaning given by section   41; and

  (c)   in Part   4 (civil penalty provisions)--has the meaning given by section   80.

"authorised person" :

  (a)   in Part   2 (monitoring)--has the meaning given by section   12; and

  (b)   in Part   3 (investigation)--has the meaning given by section   42; and

  (c)   in Part   6 (enforceable undertakings)--has the meaning given by section   112; and

  (d)   in Part   7 (injunctions)--has the meaning given by section   119.

"civil penalty order" has the meaning given by subsection   82(4).

"civil penalty provision" has the meaning given by subsection   79(2).

"conduct" means:

  (a)   an act; or

  (b)   a failure to act.

"damage" , in relation to data, includes damage by erasure of data or addition of other data.

"enforceable" :

  (a)   in Part   4 (civil penalty provisions)--has the meaning given by section   79; and

  (b)   in Part   6 (enforceable undertakings)--has the meaning given by section   111; and

  (c)   in Part   7 (injunctions)--has the meaning given by section   118.

"evidential burden" , in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.

"evidential material" has the meaning given by section   39.

"identity card" :

  (a)   in Part   2 (monitoring)--has the meaning given by section   13; and

  (b)   in Part   3 (investigation)--has the meaning given by section   43.

"infringement officer" has the meaning given by section   101.

"investigation powers" has the meaning given by sections   49, 50, 51 and 52.

"investigation warrant" means:

  (a)   a warrant issued by an issuing officer under section   70; or

  (b)   a warrant signed by an issuing officer under section   71.

"issuing officer" :

  (a)   in Part   2 (monitoring)--has the meaning given by section   14; and

  (b)   in Part   3 (investigation)--has the meaning given by section   44.

"judicial officer" means:

  (a)   a magistrate; or

  (b)   a Judge of a court of a State or Territory; or

  (c)   a Judge of the Federal Circuit and Family Court of Australia (Division   2); or

  (d)   a Judge of the Federal Court of Australia.

"monitoring powers" has the meaning given by sections   19, 20, 21 and 22.

"monitoring warrant" means a warrant issued under section   32.

"person assisting" an authorised person:

  (a)   in Part   2 (monitoring)--has the meaning given by section   23; and

  (b)   in Part   3 (investigation)--has the meaning given by section   53.

"premises" includes the following:

  (a)   a structure, building, vehicle, vessel or aircraft;

  (b)   a place (whether or not enclosed or built on);

  (c)   a part of a thing referred to in paragraph   (a) or (b).

"related" : a provision is related :

  (a)   in Part   2 (monitoring)--to another provision or information in the circumstances set out in section   10; and

  (b)   in Part   3 (investigation)--to evidential material in the circumstances set out in section   40.

"relevant chief executive" :

  (a)   in Part   2 (monitoring)--has the meaning given by section   15; and

  (b)   in Part   3 (investigation)--has the meaning given by section   45; and

  (c)   in Part   5 (infringement notices)--has the meaning given by section   102.

"relevant court" :

  (a)   in Part   2 (monitoring)--has the meaning given by section   16; and

  (b)   in Part   3 (investigation)--has the meaning given by section   46; and

  (c)   in Part   4 (civil penalty provisions)--has the meaning given by section   81; and

  (d)   in Part   6 (enforceable undertakings)--has the meaning given by section   113; and

  (e)   in Part   7 (injunctions)--has the meaning given by section   120.

"relevant data" , in Part   2 (monitoring), has the meaning given by subsection   20(3).

"subject to an infringement notice" , in relation to an offence provision or civil penalty provision, has the meaning given by section   100.

"subject to investigation" , in relation to an offence provision or a civil penalty provision, has the meaning given by section   38.

"subject to monitoring" :

  (a)   in relation to a provision of an Act or a legislative instrument--has the meaning given by section   8; and

  (b)   in relation to information given in compliance, or purported compliance, with a provision of an Act or a legislative instrument--has the meaning given by section   9; and

  (c)   in relation to a matter to which an Act or a legislative instrument relates--has the meaning given by section   9A.