Section 80TE — Privacy Act 1988 (Cth)

Use of force in executing an investigation warrant

(1) In executing an investigation warrant under Part 3 of the Regulatory Powers Act, as that Part applies in relation to evidential material that relates to a provision mentioned in subsection 80TD(1) of this Act:

(a) an authorised person may use such force against things as is necessary and reasonable in the circumstances; and

(b) a person assisting the authorised person may use such force against things as is necessary and reasonable in the circumstances.

Limitation on use of investigation powers in relation to matters under the Competition and Consumer Act

(2) If a civil penalty provision that is enforceable by the Commissioner under Division 5 of Part IVD of the Competition and Consumer Act 2010 is subject to investigation under Part 3 of the Regulatory Powers Act, the powers under that Part may be exercised in relation to premises only if the premises are occupied by or on behalf of:

(a) a CDR participant for CDR data; or

(b) an accredited person who may become an accredited data recipient of CDR data; or

(c) a designated gateway for CDR data; or

(d) an action service provider for a type of CDR action who has been, or may be, disclosed CDR data under the consumer data rules;

(all within the meaning of the Competition and Consumer Act 2010).

Related sections

• s 80TB — Monitoring powers
• s 80TC — Modifications of Part 2 of the Regulatory Powers Act
• s 80TD — Investigation powers
• s 80U — Civil penalty provisions
• s 80UA — Powers of court to make other orders
• s 80UB — Infringement notices

Research how courts apply s 80TE

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