81 Investigation powers

Provisions subject to investigation

• (1) Each civil penalty provision of this Act, and each civil penalty provision of Division 1A of Part 6 of the Intelligence Services Act 2001, is subject to investigation under Part 3 of the Regulatory Powers Act.

Authorised applicant

• (2) For the purposes of Part 3 of the Regulatory Powers Act, a person who is appointed under subsection (3) is an authorised applicant in relation to evidential material that relates to a provision mentioned in subsection (1).
• (3) The Secretary may, by writing, appoint a person who:
• (a) is an SES employee, or an acting SES employee, in:
  • (i) the Department; or
  • (ii) a designated Commonwealth body; or
• (b) holds, or is acting in, a position in a designated Commonwealth body that is equivalent to, or higher than, a position occupied by an SES employee;

to be an authorised applicant in relation to evidential material that relates to a provision mentioned in subsection (1).

Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.

Authorised person

• (4) For the purposes of Part 3 of the Regulatory Powers Act, a person who is appointed under subsection (5) is an authorised person in relation to evidential material that relates to a provision mentioned in subsection (1).
• (5) The Secretary may, by writing, appoint a person who is:
• (a) an APS employee in:
  • (i) the Department; or
  • (ii) a designated Commonwealth body; or
• (b) an officer or employee of a designated Commonwealth body;

to be an authorised person in relation to evidential material that relates to a provision mentioned in subsection (1).

Issuing officer

• (6) For the purposes of Part 3 of the Regulatory Powers Act, a magistrate is an issuing officer in relation to evidential material that relates to a provision mentioned in subsection (1).

Relevant chief executive

• (7) For the purposes of Part 3 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to evidential material that relates to a provision mentioned in subsection (1).

Relevant court

• (8) 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 of Australia;
• (b) the Federal Circuit and Family Court of Australia (Division 2);
• (c) a court of a State or Territory that has jurisdiction in relation to matters arising under this Act.