Commonwealth: Regulatory Powers (Standard Provisions) Act 2014 (Cth)

Regulatory Powers (Standard Provisions) Act 2014 No. 93, 2014 Compilation No. 4 Compilation date: 20 March 2024 Includes amendments: Act No. 74, 2023 Registered: 5 April 2024 About this compilation This compilation This is a compilation of the Regulatory Powers (Standard Provisions) Act 2014 that shows the text of the law as amended and in force on 20 March 2024 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Simplified outline 4 Dictionary 5 Binding the Crown Part 2—Monitoring Division 1—Outline and operation of this Part 6 Simplified outline 7 Purpose and operation of this Part 8 Provisions subject to monitoring 9 Information subject to monitoring 9A Matters subject to monitoring 10 Related provisions 11 Authorised applicant 12 Authorised person 13 Identity card 14 Issuing officer 15 Relevant chief executive 16 Relevant court 17 Privileges not abrogated Division 2—Powers of authorised persons Subdivision A—Monitoring powers 18 Entering premises by consent or under a warrant 19 General monitoring powers 20 Operating electronic equipment 21 Securing electronic equipment to obtain expert assistance 22 Securing evidence of a contravention 23 Persons assisting authorised persons Subdivision B—Powers to ask questions and seek production of documents 24 Asking questions and seeking production of documents Division 3—Obligations and incidental powers of authorised persons 25 Consent 26 Announcement before entry under warrant 27 Authorised person to be in possession of warrant 28 Details of warrant etc. to be given to occupier 29 Compensation for damage to electronic equipment Division 4—Occupier's rights and responsibilities 30 Right to observe execution of warrant 31 Responsibility to provide facilities and assistance Division 5—Monitoring warrants 32 Monitoring warrants Division 6—Extension of periods in which things secured 33 Extension of periods in which things secured Division 7—Powers of issuing officers 34 Powers of issuing officers Division 8—Identity cards 35 Identity cards Part 3—Investigation Division 1—Outline and operation of this Part 36 Simplified outline 37 Purpose and operation of this Part 38 Provisions subject to investigation 39 Evidential material 40 Related provisions 41 Authorised applicant 42 Authorised person 43 Identity card 44 Issuing officer 45 Relevant chief executive 46 Relevant court 47 Privileges not abrogated Division 2—Powers of authorised persons Subdivision A—Investigation powers 48 Entering premises by consent or under a warrant 49 General investigation powers 50 Operating electronic equipment 51 Securing electronic equipment to obtain expert assistance 52 Seizing evidence of related provisions 53 Persons assisting authorised persons Subdivision B—Powers to ask questions and seek production of documents 54 Asking questions and seeking production of documents Division 3—Obligations and incidental powers of authorised persons 55 Consent 56 Announcement before entry under warrant 57 Authorised person to be in possession of warrant 58 Details of warrant etc. to be given to occupier 59 Completing execution after temporary cessation 60 Completing execution of warrant stopped by court order 61 Compensation for damage to electronic equipment Division 4—Occupier's rights and responsibilities 62 Right to observe execution of warrant 63 Responsibility to provide facilities and assistance Division 5—General provisions relating to seizure 64 Copies of seized things to be provided 65 Receipts for seized things 66 Return of seized things 67 Issuing officer may permit a thing to be retained 68 Disposal of things 69 Compensation for acquisition of property Division 6—Investigation warrants 70 Investigation warrants 71 Investigation warrants by telephone, fax etc. 72 Authority of warrant 73 Offence relating to warrants by telephone, fax etc. Division 7—Extension of periods in which things secured 74 Extension of periods in which things secured Division 8—Powers of issuing officers 75 Powers of issuing officers Division 9—Identity cards 76 Identity cards Part 4—Civil penalty provisions Division 1—Outline and operation of this Part 77 Simplified outline 78 Purposes and operation of this Part 79 Enforceable civil penalty provisions 80 Authorised applicant 81 Relevant court Division 2—Obtaining a civil penalty order 82 Civil penalty orders 83 Civil enforcement of penalty 84 Conduct contravening more than one civil penalty provision 85 Multiple contraventions 86 Proceedings may be heard together 87 Civil evidence and procedure rules for civil penalty orders Division 3—Civil proceedings and criminal proceedings 88 Civil proceedings after criminal proceedings 89 Criminal proceedings during civil proceedings 90 Criminal proceedings after civil proceedings 91 Evidence given in civil proceedings not admissible in criminal proceedings Division 4—Miscellaneous 92 Ancillary contravention of civil penalty provisions 93 Continuing contraventions of civil penalty provisions 94 State of mind 95 Mistake of fact 96 Exceptions etc. to civil penalty provisions—burden of proof 97 Civil penalty provisions contravened by employees, agents or officers Part 5—Infringement notices Division 1—Outline and operation of this Part 98 Simplified outline 99 Purpose and operation of this Part 100 Provisions subject to infringement notices 101 Infringement officer 102 Relevant chief executive Division 2—Infringement notices 103 When an infringement notice may be given 104 Matters to be included in an infringement notice 105 Extension of time to pay amount 106 Withdrawal of an infringement notice 107 Effect of payment of amount 108 Effect of this Part Part 6—Enforceable undertakings Division 1—Outline and operation of this Part 109 Simplified outline 110 Purpose and operation of this Part 111 Enforceable provisions 112 Authorised person 113 Relevant court Division 2—Accepting and enforcing undertakings 114 Acceptance of undertakings 115 Enforcement of undertakings Part 7—Injunctions Division 1—Outline and operation of this Part 116 Simplified outline 117 Purpose and operation of this Part 118 Enforceable provisions 119 Authorised person 120 Relevant court Division 2—Injunctions 121 Grant of injunctions 122 Interim injunctions 123 Discharging or varying injunctions 124 Certain limits on granting injunctions not to apply 125 Other powers of a relevant court unaffected Part 8—General provisions 126 Regulations Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act in relation to monitoring, investigation and enforcement by regulatory agencies, and for related purposes Part 1—Preliminary 1 Short title This Act may be cited as the Regulatory Powers (Standard Provisions) Act 2014. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Part 1 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 21 July 2014 2. Parts 2 to 7 A day or days to be fixed by Proclamation. 1 October 2014 However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. (F2014L01258) 3. Part 8 The day this Act receives the Royal Assent. 21 July 2014 Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Simplified outline The following is a simplified outline of this Act: This Act creates a framework for each of the following: (a) monitoring whether provisions of an Act or a legislative instrument have been, or are being, complied with; (b) monitoring whether information given in compliance, or purported compliance, with a provision of an Act or a legislative instrument is correct; (ba) monitoring other matters to which an Act or legislative instruments relates; (c) gathering material that relates to the contravention of an offence provision or a civil penalty provision; (d) the use of civil penalties to enforce provisions; (e) the use of infringement notices where there is a reasonable belief that a provision has been contravened; (f) the acceptance and enforcement of undertakings relating to compliance with provisions; (g) the use of injunctions to enforce provisions. A provision of an Act or a legislative instrument is not subject to monitoring, investigation or enforcement under this Act by force of this Act. This Act must be triggered by another Act. 4 Dictionary 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. 5 Binding the Crown This Act binds the Crown in each of its capacities. Part 2—Monitoring Division 1—Outline and operation of this Part 6 Simplified outline The following is a simplified outline of this Part: This Part creates a framework for: (a) monitoring whether provisions of an Act or a legislative instrument have been, or are being, complied with; and (b) monitoring whether information given in compliance, or purported compliance, with a provision of an Act or a legislative instrument is correct; and (c) monitoring other matters to which an Act or a legislative instrument relates. For this Part to operate, a provision, information or a matter must be made subject to monitoring under this Part. This is to be done by another Act. An authorised person may enter premises for the purpose of monitoring. Entry must be with the consent of the occupier of the premises or under a monitoring warrant. An authorised person who enters premises may exercise monitoring powers. The authorised person may be assisted by other persons if that assistance is necessary and reasonable and another Act empowers the authorised person to do so. An occupier's consent to an authorised person entering premises for the purposes of monitoring must be voluntary. Authorised persons must abide by the terms of that consent. An authorised person who enters premises under a monitoring warrant must give details of the warrant to the occupier of the premises. The occupier of the premises may observe the execution of a monitoring warrant and must provide reasonable facilities and assistance for the effective execution of the warrant. 7 Purpose and operation of this Part (1) The principal purpose of this Part is to create a framework for monitoring: (a) whether provisions of an Act or a legislative instrument have been, or are being, complied with; and (b) whether information given in compliance, or purported compliance, with a provision of an Act or a legislative instrument is correct; and (c) other matters to which an Act or a legislative instrument relates. (2) However, for this Part to operate, one or more of the following must apply: (a) a provision of an Act or a legislative instrument must be made subject to monitoring under this Part; (b) information given in compliance, or purported compliance, with a provision of an Act or a legislative instrument must be made subject to monitoring under this Part; (c) a matter to which an Act or a legislative instrument relates must be made subject to monitoring under this Part. 8 Provisions subject to monitoring A provision of an Act or a legislative instrument is subject to monitoring under this Part if an Act provides that the provision is subject to monitoring under this Part. 9 Information subject to monitoring Information given in compliance, or purported compliance, with a provision of an Act or a legislative instrument is subject to monitoring under this Part if an Act provides that the information is subject to monitoring under this Part. 9A Matters subject to monitoring A matter to which an Act or a legislative instrument relates is subject to monitoring under this Act if an Act provides that the matter is subject to monitoring. 10 Related provisions (1) A provision is related to a provision that is subject to monitoring under this Part (the monitored provision) if an Act provides that the provision is related to the monitored provision. (2) A provision is related to information that is subject to monitoring under this Part if an Act provides that the provision is related to the information. (3) A provision is related to a matter that is subject to monitoring under this Part if an Act provides that the provision is related to the matter. 11 Authorised applicant (1) A person is an authorised applicant for the purposes of exercising powers under this Part to determine: (a) whether a provision subject to monitoring under this Part has been, or is being, complied with; or (b) whether information subject to monitoring under this Part is correct; or (c) a matter subject to monitoring under this Part; if an Act provides that the person is an authorised applicant in relation to that provision, information or matter for the purposes of this Part. (2) A person who is an authorised applicant for the purpose of exercising powers mentioned in subsection (1) is also an authorised applicant for the purposes of: (a) exercising other powers under this Part; or (b) performing functions or duties under this Part; that are incidental to the powers mentioned in subsection (1). (3) Without limiting subsection (1), an Act may provide that a person is an authorised applicant in relation to a provision, information or a matter for the purposes of this Part by: (a) providing that a person of a specified class is an authorised applicant in relation to the provision, information or matter for the purposes of this Part; or (b) authorising another person to specify that a person, or a person of a specified class, is an authorised applicant in relation to the provision, information or matter for the purposes of this Part. 12 Authorised person (1) A person is an authorised person for the purposes of exercising powers under this Part to determine: (a) whether a provision subject to monitoring under this Part has been, or is being, complied with; or (b) whether information subject to monitoring under this Part is correct; or (c) a matter subject to monitoring under this Part; if an Act provides that the person is an authorised person in relation to that provision, information or matter for the purposes of this Part. (2) A person who is an authorised person for the purpose of exercising powers mentioned in subsection (1) is also an authorised person for the purposes of: (a) exercising other powers under this Part; or (b) performing functions or duties under this Part; that are incidental to the powers mentioned in subsection (1). (3) Without limiting subsection (1), an Act may provide that a person is an authorised person in relation to a provision, information or a matter for the purposes of this Part by: (a) providing that a person of a specified class is an authorised person in relation to the provision, information or matter for the purposes of this Part; or (b) authorising another person to specify that a person, or a person of a specified class, is an authorised person in relation to the provision, information or matter for the purposes of this Part. 13 Identity card Identity card, in relation to a person who is an authorised person in relation to a provision, information or a matter for the purposes of this Part, means a card issued to the person under section 35 by the relevant chief executive in relation to that provision, information or matter. 14 Issuing officer (1) A judicial officer is an issuing officer for the purposes of exercising powers under this Part to determine: (a) whether a provision subject to monitoring under this Part has been, or is being, complied with; or (b) whether information subject to monitoring under this Part is correct; or (c) a matter subject to monitoring under this Part; if an Act provides that the judicial officer is an issuing officer in relation to that provision, information or matter for the purposes of this Part. (2) A judicial officer who is an issuing officer for the purpose of exercising powers mentioned in subsection (1) is also an issuing officer for the purposes of exercising other powers under this Part that are incidental to the powers mentioned in subsection (1). (3) Without limiting subsection (1), an Act may provide that a judicial officer is an issuing officer in relation to a provision, information or a matter for the purposes of this Part by: (a) providing that a judicial officer of a specified class is an issuing officer in relation to the provision, information or matter for the purposes of this Part; or (b) authorising another person to specify that a judicial officer, or a judicial officer of a specified class, is an issuing officer in relation to the provision, information or matter for the purposes of this Part. 15 Relevant chief executive (1) A person is the relevant chief executive for the purposes of exercising powers under this Part that relate to an authorised person in relation to a provision, information or a matter for the purposes of this Part, if an Act provides that the person is the relevant chief executive for the purposes of this Part in relation to the provision, information or matter. (2) A person who is the relevant chief executive for the purpose of exercising powers mentioned in subsection (1) is also the relevant chief executive for the purposes of: (a) exercising other powers under this Part; or (b) performing functions or duties under this Part; that are incidental to the powers mentioned in subsection (1). (3) Without limiting subsection (1), an Act may provide that a person is the relevant chief executive in relation to a provision, information or a matter for the purposes of this Part by: (a) providing that a person who holds a specified office is the relevant chief executive in relation to the provision, information or matter for those purposes; or (b) authorising another person to specify that a person, or a person who holds a specified office, is the relevant chief executive in relation to the provision, information or matter for those purposes. 16 Relevant court A court is a relevant court in relation to a matter that arises because of: (a) the exercise of powers by a person under this Part to determine: (i) whether a provision subject to monitoring under this Part has been, or is being, complied with; or (ii) whether information subject to monitoring under this Part is correct; or (iii) a matter subject to monitoring under this Part; or (b) the exercise of powers, or the performance of functions or duties, under this Part that are incidental to the powers mentioned in paragraph (a); if an Act provides that the court is a relevant court in relation to that provision, information or matter for the purposes of this Part. 17 Privileges not abrogated Self‑incrimination (1) Nothing in this Part affects the right of a person to refuse to answer a question, give information, or produce a document, on the ground that the answer to the question, the information, or the production of the document, might tend to incriminate him or her or make him or her liable to a penalty. Legal professional privilege (2) Nothing in this Part affects the right of a person to refuse to answer a question, give information, or produce a document, on the ground that: (a) the answer to the question or the information would be privileged from being given on the ground of legal professional privilege; or (b) the document would be privileged from being produced on the ground of legal professional privilege. Other legislation not affected (3) The fact that this section is included in this Part does not imply that the privilege against self‑incrimination or legal professional privilege is abrogated in any other Act. Division 2—Powers of authorised persons Subdivision A—Monitoring powers 18 Entering premises by consent or under a warrant (1) An authorised person may enter any premises and exercise the monitoring powers for one or more of the following purposes: (a) determining whether a provision subject to monitoring under this Part has been, or is being, complied with; (b) determining whether information subject to monitoring under this Part is correct; (c) determining a matter subject to monitoring under this Part. Note: The monitoring powers are set out in sections 19, 20, 21 and 22. (2) However, an authorised person is not authorised to enter the premises unless: (a) the occupier of the premises has consented to the entry; or (b) the entry is made under a monitoring warrant. Note: If entry to the premises is with the occupier's consent, the authorised person must leave the premises if the consent ceases to have effect (see section 25). 19 General monitoring powers The following are the monitoring powers that an authorised person may exercise in relation to premises under section 18: (a) the power to search the premises and any thing on the premises; (b) the power to examine or observe any activity conducted on the premises; (c) the power to inspect, examine, take measurements of or conduct tests on any thing on the premises; (d) the power to make any still or moving image or any recording of the premises or any thing on the premises; (e) the power to inspect any document on the premises; (f) the power to take extracts from, or make copies of, any such document; (g) the power to take onto the premises such equipment and materials as the authorised person requires for the purpose of exercising powers in relation to the premises; (h) the powers set out in subsections 20(1) and (4), 21(2) and 22(1). 20 Operating electronic equipment (1) The monitoring powers include the power to: (a) operate electronic equipment on the premises; and (b) use a disk, tape or other storage device that: (i) is on the premises; and (ii) can be used with the equipment or is associated with it. (2) The monitoring powers include the powers mentioned in subsection (4) if relevant data is found in the exercise of the power under subsection (1). (3) Relevant data means information relevant to determining: (a) whether a provision that is subject to monitoring under this Part has been, or is being, complied with; or (b) whether information subject to monitoring under this Part is correct; or (c) a matter subject to monitoring under this Part. (4) The powers are as follows: (a) the power to operate electronic equipment on the premises to put the relevant data in documentary form and remove the documents so produced from the premises; (b) the power to operate electronic equipment on the premises to transfer the relevant data to a disk, tape or other storage device that: (i) is brought to the premises for the exercise of the power; or (ii) is on the premises and the use of which for that purpose has been agreed in writing by the occupier of the premises; and remove the disk, tape or other storage device from the premises. (5) An authorised person may operate electronic equipment as mentioned in subsection (1) or (4) only if the authorised person believes on reasonable grounds that the operation of the equipment can be carried out without damage to the equipment. Note: For compensation for damage to electronic equipment, see section 29. 21 Securing electronic equipment to obtain expert assistance (1) This section applies if an authorised person enters premises under a monitoring warrant. Securing equipment (2) The monitoring powers include the power to secure any electronic equipment that is on the premises if the authorised person suspects on reasonable grounds that: (a) there is relevant data on the premises; and (b) the relevant data may be accessible by operating the equipment; and (c) expert assistance is required to operate the equipment; and (d) the relevant data may be destroyed, altered or otherwise interfered with, if the authorised person does not take action under this subsection. The equipment may be secured by locking it up, placing a guard or any other means. (3) The authorised person must give notice to the occupier of the premises, or another person who apparently represents the occupier, of: (a) the authorised person's intention to secure the equipment; and (b) the fact that the equipment may be secured for up to 24 hours. Period equipment may be secured (4) The equipment may be secured until the earlier of the following happens: (a) the 24‑hour period ends; (b) the equipment has been operated by the expert. Note: For compensation for damage to electronic equipment, see section 29. Extensions (5) The authorised person may apply to an issuing officer for an extension of the 24‑hour period if the authorised person believes on reasonable grounds that the equipment needs to be secured for longer than that period. (6) Before making the application, the authorised person must give notice to the occupier of the premises, or another person who apparently represents the occupier, of his or her intention to apply for an extension. The occupier or other person is entitled to be heard in relation to that application. (7) The 24‑hour period may be extended more than once. Note: For the process by which an issuing officer may extend the period, see section 33. 22 Securing evidence of a contravention (1) The monitoring powers include the power to secure a thing for a period not exceeding 24 hours if: (a) the thing is found during the exercise of monitoring powers on the premises; and (b) an authorised person believes on reasonable grounds that: (i) a provision that is subject to monitoring under this Part, or a related provision, has been contravened with respect to the thing; or (ii) the thing affords evidence of the contravention of a provision that is subject to monitoring under this Part, or a related provision; or (iii) the thing is intended to be used for the purpose of contravening a provision that is subject to monitoring under this Part, or a related provision; or (iv) the thing affords evidence that information subject to monitoring under this Part, or information given in compliance or purported compliance with a related provision, is not correct; or (v) the thing affords evidence in relation to a matter that is subject to monitoring under this Part, or in relation to compliance or purported compliance with a provision that is related to the matter; and (c) the authorised person believes on reasonable grounds that: (i) it is necessary to secure the thing in order to prevent it from being concealed, lost or destroyed before a warrant to seize the thing is obtained; and (ii) it is necessary to secure the thing without a warrant because the circumstances are serious and urgent. The thing may be secured by locking it up, placing a guard or any other means. Extensions (2) The authorised person may apply to an issuing officer for an extension of the 24‑hour period if the authorised person believes on reasonable grounds that the thing needs to be secured for more than that period. (3) Before making the application, the authorised person must give notice to the occupier of the premises, or another person who apparently represents the occupier, of his or her intention to apply for an extension. The occupier or other person is entitled to be heard in relation to that application. (4) The 24‑hour period may be extended more than once. Note: For the process by which an issuing officer may extend the period, see section 33. 23 Persons assisting authorised persons Authorised persons may be assisted by other persons (1) An authorised person may be assisted by other persons in exercising powers or performing functions or duties under this Part, if: (a) that assistance is necessary and reasonable; and (b) another Act empowers the authorised person to be assisted. A person giving such assistance is a person assisting the authorised person. Powers, functions and duties of a person assisting (2) A person assisting the authorised person: (a) may enter the premises; and (b) may exercise powers under this Part for the purposes of assisting the authorised person to determine: (i) whether a provision subject to monitoring under this Part has been, or is being, complied with; or (ii) whether information subject to monitoring under this Part is correct; or (iii) a matter subject to monitoring under this Part; and (c) may exercise powers and perform functions and duties under this Part that are incidental to the powers mentioned in paragraph (b); and (d) must do so in accordance with a direction given to the person assisting by the authorised person. (3) A power exercised by a person assisting the authorised person as mentioned in subsection (2) is taken for all purposes to have been exercised by the authorised person. (4) A function or duty performed by a person assisting the authorised person as mentioned in subsection (2) is taken for all purposes to have been performed by the authorised person. (5) If a direction is given under paragraph (2)(d) in writing, the direction is not a legislative instrument. Subdivision B—Powers to ask questions and seek production of documents 24 Asking questions and seeking production of documents Application (1) This section applies if an authorised person enters premises for the purposes of determining: (a) whether a provision subject to monitoring under this Part has been, or is being, complied with; or (b) whether information subject to monitoring under this Part is correct; or (c) a matter subject to monitoring under this Part. Entry with consent (2) If the entry is authorised because the occupier of the premises consented to the entry, the authorised person may ask the occupier to answer any questions, and produce any document, relating to: (a) the operation of the provision; or (b) the information; or (c) the matter. Entry under a monitoring warrant (3) If the entry is authorised by a monitoring warrant, the authorised person may require any person on the premises to answer any questions, and produce any document, relating to: (a) the operation of the provision; or (b) the information; or (c) the matter. (4) A person is not subject to a requirement under subsection (3) if: (a) the person does not possess the information or document required; and (b) the person has taken all reasonable steps available to the person to obtain the information or document required and has been unable to obtain it. Offence (5) A person commits an offence if: (a) the person is subject to a requirement under subsection (3); and (b) the person fails to comply with the requirement. Penalty for contravention of this subsection: 30 penalty units. Division 3—Obligations and incidental powers of authorised persons 25 Consent (1) Before obtaining the consent of an occupier of premises for the purposes of paragraph 18(2)(a), an authorised person must inform the occupier that the occupier may refuse consent. (2) A consent has no effect unless the consent is voluntary. (3) A consent may be expressed to be limited to entry during a particular period. If so, the consent has effect for that period unless the consent is withdrawn before the end of that period. (4) A consent that is not limited as mentioned in subsection (3) has effect until the consent is withdrawn. (5) If an authorised person entered premises because of the consent of the occupier of the premises, the authorised person, and any person assisting the authorised person, must leave the premises if the consent ceases to have effect. (6) If: (a) an authorised person enters premises because of the consent of the occupier of the premises; and (b) the authorised person has not shown the occupier his or her identity card before entering the premises; the authorised person must do so on, or as soon as is reasonably practicable after, entering the premises. 26 Announcement before entry under warrant Before entering premises under a monitoring warrant, an authorised person must: (a) announce that he or she is authorised to enter the premises; and (b) show his or her identity card to the occupier of the premises, or to another person who apparently represents the occupier, if the occupier or other person is present at the premises; and (c) give any person at the premises an opportunity to allow entry to the premises. 27 Authorised person to be in possession of warrant An authorised person executing a monitoring warrant must be in possession of the warrant or a copy of the warrant. 28 Details of warrant etc. to be given to occupier (1) An authorised person must comply with subsection (2) if: (a) a monitoring warrant is being executed in relation to premises; and (b) the occupier of the premises, or another person who apparently represents the occupier, is present at the premises. (2) The authorised person must, as soon as practicable: (a) make a copy of the warrant available to the occupier or other person; and (b) inform the occupier or other person in writing of the rights and responsibilities of the occupier or other person under Division 4. 29 Compensation for damage to electronic equipment (1) This section applies if: (a) as a result of electronic equipment being operated as mentioned in this Part: (i) damage is caused to the equipment; or (ii) the data recorded on the equipment is damaged; or (iii) programs associated with the use of the equipment, or with the use of the data, are damaged or corrupted; and (b) the damage or corruption occurs because: (i) insufficient care was exercised in selecting the person who was to operate the equipment; or (ii) insufficient care was exercised by the person operating the equipment. (2) The Commonwealth must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as the Commonwealth and the owner or user agree on. (3) However, if the owner or user and the Commonwealth fail to agree, the owner or user may institute proceedings in a relevant court for such reasonable amount of compensation as the court determines. (4) In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises, or the occupier's employees or agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment. Division 4—Occupier's rights and responsibilities 30 Right to observe execution of warrant (1) The occupier of premises to which a monitoring warrant relates, or another person who apparently represents the occupier, is entitled to observe the execution of the monitoring warrant if the occupier or other person is present at the premises while the warrant is being executed. (2) The right to observe the execution of the warrant ceases if the occupier or other person impedes that execution. (3) This section does not prevent the execution of the warrant in 2 or more areas of the premises at the same time. 31 Responsibility to provide facilities and assistance (1) The occupier of premises to which a monitoring warrant relates, or another person who apparently represents the occupier, must provide: (a) an authorised person executing the warrant; and (b) any person assisting the authorised person; with all reasonable facilities and assistance for the effective exercise of their powers. (2) A person commits an offence if: (a) the person is subject to subsection (1); and (b) the person fails to comply with that subsection. Penalty for contravention of this subsection: 30 penalty units. Division 5—Monitoring warrants 32 Monitoring warrants Application for warrant (1) An authorised applicant may apply to an issuing officer for a warrant under this section in relation to premises. Issue of warrant (2) The issuing officer may issue the warrant if the issuing officer is satisfied, by information on oath or affirmation, that it is reasonably necessary that one or more authorised persons should have access to the premises for the purposes of determining: (a) whether a provision that is subject to monitoring under this Part has been, or is being, complied with; or (b) whether information subject to monitoring under this Part is correct; or (c) a matter subject to monitoring under this Part. (3) However, the issuing officer must not issue the warrant unless the authorised applicant or some other person has given to the issuing officer, either orally or by affidavit, such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought. Content of warrant (4) The warrant must: (a) describe the premises to which the warrant relates; and (b) state that the warrant is issued under this section; and (c) state the purpose for which the warrant is issued; and (d) authorise one or more authorised persons (whether or not named in the warrant) from time to time while the warrant remains in force: (i) to enter the premises; and (ii) to exercise the powers set out in this Part in relation to the premises; and (e) state whether entry is authorised to be made at any time of the day or during specified hours of the day; and (f) specify the day (not more than 3 months after the issue of the warrant) on which the warrant ceases to be in force. Division 6—Extension of periods in which things secured 33 Extension of periods in which things secured Application (1) This section applies where an authorised person applies to an issuing officer under subsection 21(5) or 22(2) for an extension of the period during which a thing may be secured. Granting extension (2) The issuing officer may, by order, grant an extension of the period if the issuing officer is satisfied, by information on oath or affirmation, that: (a) where the thing is secured under section 21—it is necessary to secure the thing to ensure that relevant data is not destroyed, altered or otherwise interfered with; or (b) where the thing is secured under section 22—it is necessary to secure the thing in order to prevent it from being concealed, lost or destroyed before a warrant to seize the thing is obtained. (3) However, the issuing officer must not grant the extension unless the authorised person or some other person has given to the issuing officer, either orally or by affidavit, such further information (if any) as the issuing officer requires concerning the grounds on which the extension is being sought. Content of order (4) The order extending the period must: (a) describe the thing to which the order relates; and (b) state the period for which the extension is granted; and (c) state that the order is made under this section; and (d) state that the authorised person is authorised to secure the thing for that period. Division 7—Powers of issuing officers 34 Powers of issuing officers Powers conferred personally (1) A power conferred on an issuing officer by this Part is conferred on the issuing officer: (a) in a personal capacity; and (b) not as a court or a member of a court. Powers need not be accepted (2) The issuing officer need not accept the power conferred. Protection and immunity (3) An issuing officer exercising a power conferred by this Part has the same protection and immunity as if the issuing officer were exercising the power: (a) as the court of which the issuing officer is a member; or (b) as a member of the court of which the issuing officer is a member. Division 8—Identity cards 35 Identity cards (1) The relevant chief executive must issue an identity card to an authorised person. Form of identity card (2) The identity card must: (a) satisfy the requirements prescribed by the regulations; and (b) contain a photograph that is no more than 5 years old of the authorised person. Offence (3) A person commits an offence if: (a) the person has been issued with an identity card; and (b) the person ceases to be an authorised person; and (c) the person does not return the identity card to the relevant chief executive within 14 days after ceasing to be an authorised person. Penalty: 1 penalty unit. (4) An offence against subsection (3) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. Exception—card lost or destroyed (5) Subsection (3) does not apply if the identity card was lost or destroyed. Note: A defendant bears an evidential burden in relation to the matter in this subsection: see subsection 13.3(3) of the Criminal Code. Authorised person must carry card (6) An authorised person must carry his or her identity card at all times when exercising powers under this Part as an authorised person. Part 3—Investigation Division 1—Outline and operation of this Part 36 Simplified outline The following is a simplified outline of this Part: This Part creates a framework for gathering material that relates to the contravention of offence provisions and civil penalty provisions. For this Part to operate, an offence provision or a civil penalty provision must be made subject to investigation under this Part. This is to be done by another Act. An authorised person may enter premises if the authorised person suspects on reasonable grounds that there may be material on the premises related to the contravention of an offence provision or a civil penalty provision that is subject to investigation under this Part. Entry must be with the consent of the occupier of the premises or under an investigation warrant. An authorised person who enters premises may exercise investigation powers. The authorised person may be assisted by other persons if that assistance is necessary and reasonable and another Act empowers the authorised person to do so. An occupier's consent to an authorised person entering premises for the purposes of investigation must be voluntary. Authorised persons must abide by the terms of that consent. An authorised person who enters premises under an investigation warrant must give details of the warrant to the occupier of the premises. The occupier of the premises may observe the execution of an investigation warrant and must provide reasonable facilities and assistance for the effective execution of the warrant. 37 Purpose and operation of this Part (1) The principal purpose of this Part is to create a framework for gathering material that relates to the contravention of offence provisions and civil penalty provisions. (2) However, for this Part to operate, an offence provision or a civil penalty provision must be made subject to investigation under this Part. 38 Provisions subject to investigation (1) An offence provision of an Act or a legislative instrument is subject to investigation under this Part if an Act provides that the offence provision is subject to investigation under this Part. (2) A civil penalty provision under an Act or a legislative instrument is subject to investigation under this Part if an Act provides that the civil penalty provision is subject to investigation under this Part. 39 Evidential material Evidential material means any of the following: (a) a thing with respect to which an offence provision or a civil penalty provision subject to investigation under this Part has been contravened or is suspected, on reasonable grounds, to have been contravened; (b) a thing that there are reasonable grounds for suspecting will afford evidence as to the contravention of such an offence provision or a civil penalty provision; (c) a thing that there are reasonable grounds for suspecting is intended to be used for the purpose of contravening such an offence provision or a civil penalty provision. 40 Related provisions A provision is related to evidential material if an Act provides that the provision is related to the evidential material for the purposes of this Part. 41 Authorised applicant (1) A person is an authorised applicant for the purposes of exercising powers under this Part in relation to evidential material if an Act provides that the person is an authorised applicant in relation to the evidential material for the purposes of this Part. (2) A person who is an authorised applicant for the purpose of exercising powers mentioned in subsection (1) is also an authorised applicant for the purposes of: (a) exercising other powers under this Part; or (b) performing functions or duties under this Part; that are incidental to the powers mentioned in subsection (1). (3) Without limiting subsection (1), an Act may provide that a person is an authorised applicant in relation to evidential material for the purposes of this Part by: (a) providing that a person of a specified class is an authorised applicant in relation to the evidential material for the purposes of this Part; or (b) authorising another person to specify that a person, or a person of a specified class, is an authorised applicant in relation to the evidential material for the purposes of this Part. 42 Authorised person (1) A person is an authorised person for the purposes of exercising powers under this Part in relation to evidential material if an Act provides that the person is an authorised person in relation to the evidential material for the purposes of this Part. (2) A person who is an authorised person for the purpose of exercising powers mentioned in subsection (1) is also an authorised person for the purposes of: (a) exercising other powers under this Part; or (b) performing functions or duties under this Part; that are incidental to the powers mentioned in subsection (1). (3) Without limiting subsection (1), an Act may provide that a person is an authorised person in relation to evidential material for the purposes of this Part by: (a) providing that a person of a specified class is an authorised person in relation to the evidential material for those purposes; or (b) authorising another person to specify that a person, or a person of a specified class, is an authorised person in relation to the evidential material for those purposes. 43 Identity card Identity card, in relation to a person who is an authorised person in relation to evidential material for the purposes of this Part, means a card issued to the person under section 76 by the relevant chief executive in relation to that evidential material. 44 Issuing officer (1) A judicial officer is an issuing officer for the purposes of exercising powers under this Part in relation to evidential material, if an Act provides that the judicial officer is an issuing officer in relation to the evidential material for the purposes of this Part. (2) A judicial officer who is an issuing officer for the purpose of exercising powers mentioned in subsection (1) is also an issuing officer for the purposes of exercising other powers under this Part that are incidental to the powers mentioned in subsection (1). (3) Without limiting subsection (1), an Act may provide that a judicial officer is an issuing officer in relation to evidential material for the purposes of this Part by: (a) providing that a judicial officer of a specified class is an issuing officer in relation to the evidential material for the purposes of this Part; or (b) authorising another person to specify that a judicial officer, or a judicial officer of a specified class, is an issuing officer in relation to the evidential material for the purposes of this Part. 45 Relevant chief executive (1) A person is the relevant chief executive for the purposes of exercising powers under this Part in relation to evidential material, if an Act provides that the person is the relevant chief executive in relation to the evidential material for the purposes of this Part. (2) A person who is the relevant chief executive for the purpose of exercising powers mentioned in subsection (1) is also the relevant chief executive for the purposes of: (a) exercising other powers under this Part; or (b) performing functions or duties under this Part; that are incidental to the powers mentioned in subsection (1). (3) Without limiting subsection (1), an Act may provide that a person is the relevant chief executive in relation to evidential material for the purposes of this Part by: (a) providing that a person who holds a specified office is the relevant chief executive in relation to the evidential material for those purposes; or (b) authorising another person to specify that a person, or a person who holds a specified office, is the relevant chief executive in relation to the evidential material for those purposes. 46 Relevant court A court is a relevant court in relation to a matter that arises because of: (a) the exercise of powers by a person under this Part in relation to evidential material; or (b) the exercise of powers, or the performance of functions or duties, under this Part that are incidental to the powers mentioned in paragraph (a); if an Act provides that the court is a relevant court in relation to that evidential material for the purposes of this Part. 47 Privileges not abrogated Self‑incrimination (1) Nothing in this Part affects the right of a person to refuse to answer a question, give information, or produce a document, on the ground that the answer to the question, the information, or the production of the document, might tend to incriminate him or her or make him or her liable to a penalty. Legal professional privilege (2) Nothing in this Part affects the right of a person to refuse to answer a question, give information, or produce a document, on the ground that: (a) the answer to the question or the information would be privileged from being given on the ground of legal professional privilege; or (b) the document would be privileged from being produced on the ground of legal professional privilege. Other legislation not affected (3) The fact that this section is included in this Part does not imply that the privilege against self‑incrimination or legal professional privilege is abrogated in any other Act. Division 2—Powers of authorised persons Subdivision A—Investigation powers 48 Entering premises by consent or under a warrant (1) If an authorised person suspects on reasonable grounds that there may be evidential material on any premises, the authorised person may: (a) enter the premises; and (b) exercise the investigation powers. Note: The investigation powers are set out in sections 49, 50, 51 and 52. (2) However, an authorised person is not authorised to enter the premises unless: (a) the occupier of the premises has consented to the entry; or (b) the entry is made under an investigation warrant. Note: If entry to the premises is with the occupier's consent, the authorised person must leave the premises if the consent ceases to have effect (see section 55). 49 General investigation powers The following are the investigation powers that an authorised person may exercise in relation to premises under section 48: (a) if entry to the premises is with the occupier's consent—the power to search the premises and any thing on the premises for the evidential material the authorised person suspects on reasonable grounds may be on the premises; (b) if entry to the premises is under an investigation warrant: (i) the power to search the premises and any thing on the premises for the kind of evidential material specified in the warrant; and (ii) the power to seize evidential material of that kind if the authorised person finds it on the premises; (c) the power to inspect, examine, take measurements of or conduct tests on evidential material referred to in paragraph (a) or (b); (d) the power to make any still or moving image or any recording of the premises or evidential material referred to in paragraph (a) or (b); (e) the power to take onto the premises such equipment and materials as the authorised person requires for the purpose of exercising powers in relation to the premises; (f) the powers set out in subsections 50(1) and (2), subsection 51(2) and section 52. 50 Operating electronic equipment (1) The investigation powers include the power to: (a) operate electronic equipment on the premises; and (b) use a disk, tape or other storage device that: (i) is on the premises; and (ii) can be used with the equipment or is associated with it; if an authorised person suspects on reasonable grounds that the electronic equipment, disk, tape or other storage device is or contains evidential material. (2) The investigation powers include the following powers in relation to evidential material found in the exercise of the power under subsection (1): (a) if entry to the premises is under an investigation warrant—the power to seize the equipment and the disk, tape or other storage device referred to in that subsection; (b) the power to operate electronic equipment on the premises to put the evidential material in documentary form and remove the documents so produced from the premises; (c) the power to operate electronic equipment on the premises to transfer the evidential material to a disk, tape or other storage device that: (i) is brought to the premises for the exercise of the power; or (ii) is on the premises and the use of which for that purpose has been agreed in writing by the occupier of the premises; and remove the disk, tape or other storage device from the premises. (3) An authorised person may operate electronic equipment as mentioned in subsection (1) or (2) only if the authorised person believes on reasonable grounds that the operation of the equipment can be carried out without damage to the equipment. Note: For compensation for damage to electronic equipment, see section 61. (4) An authorised person may seize equipment or a disk, tape or other storage device as mentioned in paragraph (2)(a) only if: (a) it is not practicable to put the evidential material in documentary form as mentioned in paragraph (2)(b) or to transfer the evidential material as mentioned in paragraph (2)(c); or (b) possession of the equipment or the disk, tape or other storage device by the occupier could constitute an offence against a law of the Commonwealth. 51 Securing electronic equipment to obtain expert assistance (1) This section applies if an authorised person enters premises under an investigation warrant to search for evidential material. Securing equipment (2) The investigation powers include the power to secure any electronic equipment that is on the premises if the authorised person suspects on reasonable grounds that: (a) there is evidential material of the kind specified in the warrant on the premises; and (b) the evidential material may be accessible by operating the electronic equipment; and (c) expert assistance is required to operate the equipment; and (d) the evidential material may be destroyed, altered or otherwise interfered with, if the authorised person does not take action under this subsection. The equipment may be secured by locking it up, placing a guard or any other means. (3) The authorised person must give notice to the occupier of the premises, or another person who apparently represents the occupier, of: (a) the authorised person's intention to secure the equipment; and (b) the fact that the equipment may be secured for up to 24 hours. Period equipment may be secured (4) The equipment may be secured until the earlier of the following happens: (a) the 24‑hour period ends; (b) the equipment has been operated by the expert. Note: For compensation for damage to electronic equipment, see section 61. Extensions (5) The authorised person may apply to an issuing officer for an extension of the 24‑hour period, if the authorised person believes on reasonable grounds that the equipment needs to be secured for longer than that period. (6) Before making the application, the authorised person must give notice to the occupier of the premises, or another person who apparently represents the occupier, of the authorised person's intention to apply for an extension. The occupier or other person is entitled to be heard in relation to that application. (7) The 24‑hour period may be extended more than once. Note: For the process by which an issuing officer may extend the period, see section 74. 52 Seizing evidence of related provisions (1) This section applies if an authorised person enters premises under an investigation warrant to search for evidential material. (2) The investigation powers include seizing a thing that is not evidential material of the kind specified in the warrant if: (a) in the course of searching for the kind of evidential material specified in the warrant, the authorised person finds the thing; and (b) the authorised person believes on reasonable grounds that: (i) the thing is evidential material of another kind; or (ii) a related provision has been contravened with respect to the thing; or (iii) the thing is evidence of the contravention of a related provision; or (iv) the thing is intended to be used for the purpose of contravening a related provision; and (c) the authorised person believes on reasonable grounds that it is necessary to seize the thing in order to prevent its concealment, loss or destruction. 5