##### 49B  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 against section 35AT or 45; or - \(b\) a civil penalty provision of this 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 relevant Commonwealth regulator; or - \(b\) holds, or is acting in, a position in a relevant Commonwealth regulator 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 relevant Commonwealth regulator; or - \(b\) an officer or employee of a relevant Commonwealth regulator; 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 \(1\)\. - \(8\) The relevant chief executive may, in writing, delegate the powers and functions mentioned in subsection \(9\) to a person who is an SES employee or an acting SES employee in the Department\. Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901\. - \(9\) 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 \(a\)\. - \(10\) A person exercising powers or performing functions under a delegation under subsection \(8\) must comply with any directions of the relevant chief executive\. ###### Relevant court - \(11\) 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\. ###### Person assisting - \(12\) 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 \(1\)\. ###### External Territories - \(13\) Part 3 of the Regulatory Powers Act, as it applies in relation to the provisions mentioned in subsection \(1\), extends to every external Territory\. ### Division 4—Infringement notices --- ## Source and attribution Saved copy: C2018A00029 / C2026C00213 / f578e546a17068939a3a5a928474713f844dfae8 Scope: navPoint\_245 Compiled 2026\-06\-04\. This does not establish legal commencement\. Official source: https://www\.legislation\.gov\.au/C2018A00029/2026\-06\-04/2026\-06\-04/text/1/epub/OEBPS/document\_1/document\_1\.html Licence: https://creativecommons\.org/licenses/by/4\.0/ Based on content from the Federal Register of Legislation at 1 October 2026\. For the latest information on Australian Government legislation please go to https://www\.legislation\.gov\.au\. Converted XHTML into Tiptap JSON; recovered lists from paragraph classes; kept literal labels and text\. Print layout is changed\. The Commonwealth Coat of Arms is not covered by the CC BY licence\.