Higher Education Support Act 2003

Chapter 5 - Administration  

PART 5-8 - REGULATORY POWERS  

SECTION 215-10   Investigation powers  

215-10(1)    
A provision is subject to investigation under Part 3 of the *Regulatory Powers Act if it is:

(a) a *civil penalty provision of this Act (other than Schedule 1A ); or

(b) an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act (other than Schedule 1A ).

Note 1:

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.

Note 2:

Schedule 1A of this Act contains separate monitoring and investigation powers in relation to matters dealt with in that Schedule: see Subdivision 5A-C of that Schedule.

215-10(2)    
For the purposes of Part 3 of the *Regulatory Powers Act as it applies in relation to the provisions mentioned in subsection (1):

(a) each *HESA investigator and *TEQSA investigator is an authorised applicant; and

(b) each HESA investigator and TEQSA investigator is an authorised person; and

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

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

(e) for an authorised person who is a TEQSA investigator, the Chief Executive Officer of *TEQSA is the relevant chief executive; and

(f) each *applicable court is a relevant court.

215-10(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 (other than Schedule 1A ).