VET Student Loans Act 2016

PART 8 - REGULATORY POWERS  

SECTION 83   INVESTIGATION POWERS  

83(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 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.

83(2)    
For the purposes of Part 3 of the Regulatory Powers Act as it applies in relation to this Act:

(a)    each Departmental investigator and NVETR investigator is an authorised applicant; and

(b)    each Departmental investigator and NVETR investigator is an authorised person; and

(c)    a judicial officer is an issuing officer; and

(d)    for an authorised person who is a Departmental investigator, the Secretary is the relevant chief executive; and

(e)    

for an authorised person who is an NVETR investigator, the National VET Regulator is the relevant chief executive; and

(f)    

each of the following is a relevant court:

(i) the Federal Court;

(ii) the Federal Circuit and Family Court of Australia (Division 2);

(iii) a court of a State or Territory that has jurisdiction in relation to matters arising under this Act.

83(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 this Act.