Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 93, 2014
Compilation No. 4
Compilation date: 20 March 2024
Includes amendments: Act No. 74, 2023
Registered: 5 April 2024
About this compilation
This compilation
This is a compilation of the Regulatory Powers (Standard Provisions) Act 2014 that shows the text of the law as amended and in force on 20 March 2024 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1--Preliminary
1 Short title
2 Commencement
3 Simplified outline
4 Dictionary
5 Binding the Crown
Part 2--Monitoring
Division 1--Outline and operation of this Part
6 Simplified outline
7 Purpose and operation of this Part
8 Provisions subject to monitoring
9 Information subject to monitoring
9A Matters subject to monitoring
10 Related provisions
17 Privileges not abrogated
Division 2--Powers of authorised persons
Subdivision A--Monitoring powers
18 Entering premises by consent or under a warrant
19 General monitoring powers
20 Operating electronic equipment
21 Securing electronic equipment to obtain expert assistance
22 Securing evidence of a contravention
23 Persons assisting authorised persons
Subdivision B--Powers to ask questions and seek production of documents
24 Asking questions and seeking production of documents
Division 3--Obligations and incidental powers of authorised persons
25 Consent
26 Announcement before entry under warrant
27 Authorised person to be in possession of warrant
28 Details of warrant etc. to be given to occupier
29 Compensation for damage to electronic equipment
Division 4--Occupier's rights and responsibilities
30 Right to observe execution of warrant
31 Responsibility to provide facilities and assistance
Division 5--Monitoring warrants
Division 6--Extension of periods in which things secured
33 Extension of periods in which things secured
Division 7--Powers of issuing officers
34 Powers of issuing officers
Division 8--Identity cards
Part 3--Investigation
Division 1--Outline and operation of this Part
36 Simplified outline
37 Purpose and operation of this Part
38 Provisions subject to investigation
40 Related provisions
47 Privileges not abrogated
Division 2--Powers of authorised persons
Subdivision A--Investigation powers
48 Entering premises by consent or under a warrant
49 General investigation powers
50 Operating electronic equipment
51 Securing electronic equipment to obtain expert assistance
52 Seizing evidence of related provisions
53 Persons assisting authorised persons
Subdivision B--Powers to ask questions and seek production of documents
54 Asking questions and seeking production of documents
Division 3--Obligations and incidental powers of authorised persons
55 Consent
56 Announcement before entry under warrant
57 Authorised person to be in possession of warrant
58 Details of warrant etc. to be given to occupier
59 Completing execution after temporary cessation
60 Completing execution of warrant stopped by court order
61 Compensation for damage to electronic equipment
Division 4--Occupier's rights and responsibilities
62 Right to observe execution of warrant
63 Responsibility to provide facilities and assistance
Division 5--General provisions relating to seizure
64 Copies of seized things to be provided
65 Receipts for seized things
66 Return of seized things
67 Issuing officer may permit a thing to be retained
68 Disposal of things
69 Compensation for acquisition of property
Division 6--Investigation warrants
71 Investigation warrants by telephone, fax etc.
72 Authority of warrant
73 Offence relating to warrants by telephone, fax etc.
Division 7--Extension of periods in which things secured
74 Extension of periods in which things secured
Division 8--Powers of issuing officers
75 Powers of issuing officers
Division 9--Identity cards
Part 4--Civil penalty provisions
Division 1--Outline and operation of this Part
77 Simplified outline
78 Purposes and operation of this Part
79 Enforceable civil penalty provisions
Division 2--Obtaining a civil penalty order
83 Civil enforcement of penalty
84 Conduct contravening more than one civil penalty provision
85 Multiple contraventions
86 Proceedings may be heard together
87 Civil evidence and procedure rules for civil penalty orders
Division 3--Civil proceedings and criminal proceedings
88 Civil proceedings after criminal proceedings
89 Criminal proceedings during civil proceedings
90 Criminal proceedings after civil proceedings
91 Evidence given in civil proceedings not admissible in criminal proceedings
Division 4--Miscellaneous
92 Ancillary contravention of civil penalty provisions
93 Continuing contraventions of civil penalty provisions
94 State of mind
95 Mistake of fact
96 Exceptions etc. to civil penalty provisions--burden of proof
97 Civil penalty provisions contravened by employees, agents or officers
Part 5--Infringement notices
Division 1--Outline and operation of this Part
98 Simplified outline
99 Purpose and operation of this Part
100 Provisions subject to infringement notices
Division 2--Infringement notices
103 When an infringement notice may be given
104 Matters to be included in an infringement notice
105 Extension of time to pay amount
106 Withdrawal of an infringement notice
107 Effect of payment of amount
108 Effect of this Part
Part 6--Enforceable undertakings
Division 1--Outline and operation of this Part
109 Simplified outline
110 Purpose and operation of this Part
111 Enforceable provisions
113 Relevant court
Division 2--Accepting and enforcing undertakings
114 Acceptance of undertakings
115 Enforcement of undertakings
Part 7--Injunctions
Division 1--Outline and operation of this Part
116 Simplified outline
117 Purpose and operation of this Part
118 Enforceable provisions
120 Relevant court
Division 2--Injunctions
121 Grant of injunctions
122 Interim injunctions
123 Discharging or varying injunctions
124 Certain limits on granting injunctions not to apply
125 Other powers of a relevant court unaffected
Part 8--General provisions
126 Regulations
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
93, 2014 | 21 July 2014 | s 6-125: 1 Oct 2014 (s 2(1) item 2) |
| |
124, 2017 | 6 Nov 2017 | Sch 1: 7 Nov 2017 (s 2(1) item 2) | Sch 1 (items 9-12) | |
13, 2021 | 1 Mar 2021 | Sch 2 (item 715): 1 Sept 2021 (s 2(1) item 5) | -- | |
32, 2021 | 26 Mar 2021 | Sch 1: 27 Mar 2021 (s 2(1) item 2) | -- | |
Statute Law Amendment (Prescribed Forms and Other Updates) Act 2023 | 74, 2023 | 20 Sept 2023 | Sch 1 (items 119-121): 20 Mar 2024 (s 2(1) item 2) | Sch 1 (item 121) |
Provision affected | How affected |
Part 1 |
|
s 3..................... | am No 32, 2021 |
s 4..................... | am No 13, 2021; No 32, 2021 |
Part 2 |
|
Division 1 |
|
s 6..................... | am No 32, 2021 |
s 7..................... | rs No 32, 2021 |
s 9A.................... | ad No 32, 2021 |
s 10.................... | am No 32, 2021 |
s 11.................... | am No 32, 2021 |
s 12.................... | am No 32, 2021 |
s 13.................... | rs No 32, 2021 |
s 14.................... | am No 32, 2021 |
s 15.................... | am No 32, 2021 |
s 16.................... | rs No 32, 2021 |
Division 2 |
|
Subdivision A |
|
s 18.................... | am No 32, 2021 |
s 20.................... | am No 32, 2021 |
s 22.................... | am No 124, 2017; No 32, 2021 |
s 23.................... | am No 32, 2021 |
Subdivision B |
|
s 24.................... | am No 32, 2021 |
Division 5 |
|
s 32.................... | am No 32, 2021 |
Division 8 |
|
s 35.................... | am No 124, 2017; No 74, 2023 |
Part 3 |
|
Division 1 |
|
s 38.................... | am No 32, 2021 |
s 41.................... | am No 32, 2021 |
Division 9 |
|
s 76.................... | am No 124, 2017; No 74, 2023 |
Part 4 |
|
Division 2 |
|
s 82.................... | am No 124, 2017 |
Part 5 |
|
Division 1 |
|
s 98.................... | am No 32, 2021 |
s 100................... | rs No 32, 2021 |
Division 2 |
|
s 103................... | am No 32, 2021 |
s 104................... | am No 124, 2017; No 32, 2021 |
s 106................... | am No 32, 2021 |
s 107................... | am No 32, 2021 |