Commonwealth Consolidated Acts

NATIONAL DISABILITY INSURANCE SCHEME ACT 2013 - SECT 73ZF

Provisions subject to investigation

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

  (a)   a civil penalty provision in this Part; or

  (b)   an offence against the Crimes Act 1914 or the Criminal Code that relates to this Part.

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.

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)   an investigator is an authorised applicant; and

  (b)   an investigator is an authorised person; and

  (c)   a magistrate is an issuing officer; and

  (d)   the Commissioner is the relevant chief executive; and

  (e)   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.

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).