Foreign Acquisitions and Takeovers Act 1975

PART 5 - OFFENCES AND CIVIL PENALTIES  

Division 4 - Miscellaneous  

Subdivision AC - Application of the Regulatory Powers Act - Investigation powers  

SECTION 101B   INVESTIGATION POWERS  

Provisions subject to investigation

101B(1)    
A provision is subject to investigation under Part 3 of the Regulatory Powers Act if it is:

(a)    an offence provision of this Act; or

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

(c)    an offence provision of the Crimes Act 1914 or the Criminal Code , to the extent that it 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

101B(2)    
For the purposes of Part 3 of the Regulatory Powers Act, each of the following provisions is related to evidential material that relates to a provision mentioned in subsection (1) :

(a)    an offence provision, or a civil penalty provision, of the Taxation Administration Act 1953 ;

(b)    

an offence provision, or a civil penalty provision, of the Corporations Act 2001 .

(c) (Repealed)

Authorised applicant

101B(3)    
For the purposes of Part 3 of the Regulatory Powers Act, each of the following persons is an authorised applicant in relation to evidential material that relates to a provision mentioned in subsection (1) :

(a)    the Secretary;

(b)    an authorised officer.

Authorised person

101B(4)    
For the purposes of Part 3 of the Regulatory Powers Act, an authorised officer is an authorised person in relation to evidential material that relates to a provision mentioned in subsection (1) .

Issuing officer

101B(5)    
For the purposes of Part 3 of the Regulatory Powers Act, a person is an issuing officer in relation to evidential material that relates to the provisions mentioned in subsection (1) if:

(a)    

the person is:

(i) a magistrate; or

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

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

(b)    if subparagraph (a)(iii) applies:

(i) the Minister has, in writing, nominated the person to be such an issuing officer; and

(ii) the person has consented to be such an issuing officer and the consent is in force.

Relevant chief executive

101B(6)    
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

101B(7)    
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

101B(8)    
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

101B(9)    
Part 3 of the Regulatory Powers Act, as that Part applies in relation to a provision mentioned in subsection (1) , extends to every external Territory.