Higher Education Support Act 2003
View history note
Hide history noteA 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 ).
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