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Regulatory Powers (Standard Provisions) Act 2014
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Administered by
Attorney-General's Department
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C2024C00118 (C04)
20 March 2024
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Part 1—Preliminary
1 Short title
2 Commencement
3 Simplified outline
4 Dictionary
5 Binding the Crown
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Part 2—Monitoring
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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
11 Authorised applicant
12 Authorised person
13 Identity card
14 Issuing officer
15 Relevant chief executive
16 Relevant court
17 Privileges not abrogated
Division 2—Powers of authorised persons
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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
32 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
35 Identity cards
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Part 3—Investigation
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Division 1—Outline and operation of this Part
36 Simplified outline
37 Purpose and operation of this Part
38 Provisions subject to investigation
39 Evidential material
40 Related provisions
41 Authorised applicant
42 Authorised person
43 Identity card
44 Issuing officer
45 Relevant chief executive
46 Relevant court
47 Privileges not abrogated
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Division 2—Powers of authorised persons
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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
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Subdivision B—Powers to ask questions and seek production of documents
54 Asking questions and seeking production of documents
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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
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Division 4—Occupier’s rights and responsibilities
62 Right to observe execution of warrant
63 Responsibility to provide facilities and assistance
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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
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Division 6—Investigation warrants
70 Investigation warrants
71 Investigation warrants by telephone, fax etc.
72 Authority of warrant
73 Offence relating to warrants by telephone, fax etc.
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Division 7—Extension of periods in which things secured
74 Extension of periods in which things secured
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Division 8—Powers of issuing officers
75 Powers of issuing officers
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Division 9—Identity cards
76 Identity cards
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Part 4—Civil penalty provisions
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Division 1—Outline and operation of this Part
77 Simplified outline
78 Purposes and operation of this Part
79 Enforceable civil penalty provisions
80 Authorised applicant
81 Relevant court
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Division 2—Obtaining a civil penalty order
82 Civil penalty orders
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
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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
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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
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Part 5—Infringement notices
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Division 1—Outline and operation of this Part
98 Simplified outline
99 Purpose and operation of this Part
100 Provisions subject to infringement notices
101 Infringement officer
102 Relevant chief executive
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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
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Part 6—Enforceable undertakings
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Division 1—Outline and operation of this Part
109 Simplified outline
110 Purpose and operation of this Part
111 Enforceable provisions
112 Authorised person
113 Relevant court
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Division 2—Accepting and enforcing undertakings
114 Acceptance of undertakings
115 Enforcement of undertakings
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Part 7—Injunctions
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Division 1—Outline and operation of this Part
116 Simplified outline
117 Purpose and operation of this Part
118 Enforceable provisions
119 Authorised person
120 Relevant court
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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
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Part 8—General provisions
126 Regulations
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history