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BIOSECURITY ACT 2015 - SECT 484

Basic investigation powers under Part 3 of the Regulatory Powers Act

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 this Act; or

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

                     (c)  an offence against the Crimes Act 1914 or the Criminal Code that 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)  each related provision (as defined in section 9 of this Act) is related to that evidential material; and

                     (b)  a biosecurity enforcement officer is an authorised applicant; and

                     (c)  a biosecurity enforcement officer is an authorised person; and

                     (d)  an issuing officer (as defined in section 9 of this Act) is an issuing officer; and

                     (e)  the Director of Biosecurity is the relevant chief executive; and

                      (f)  a relevant court (as defined in section 9 of this Act) is the 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 to which the provision extends.



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