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UNDERWATER CULTURAL HERITAGE ACT 2018 - SECT 42

Investigation powers

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

  (a)   an offence against this Act; or

  (b)   a civil p enalty provision of this Act.

Note 1:   Offence against this Act has an extended meaning (see section   9 ).

Note 2 :   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 3 :   The Maritime Powers Act 2013 also contains enforcement powers for use in, and in relation to, maritime areas. These powers can be used to give effect to Australian laws, including this Act.

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

  (a)   there are no related provisions; and

  (b)   an inspector is an authorised applicant; and

  (c)   an inspector is an authorised person; and

  (d)   a magistrate is an issuing officer; and

  (e)   the Secretary is the relevant chief executive; and

  (f)   each of the following is a relevant court:

  (i)   the Federal Court of Australia;

  (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.

  (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 offences against this Act or civil penalty provisions of this Act.


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