Commonwealth Consolidated Acts

AGED CARE QUALITY AND SAFETY COMMISSION ACT 2018 - SECT 74EA

Enforceable civil penalty provisions

  (1)   The following civil penalty provisions are enforceable under Part   4 of the Regulatory Powers Act:

  (a)   each civil penalty provision of this Act;

  (b)   each civil penalty provision of Division   54 of the Aged Care Act.

Note:   Part   4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.

Authorised applicant

  (2)   For the purposes of Part   4 of the Regulatory Powers Act, the Commissioner is an authorised applicant in relation to the provisions mentioned in subsection   (1).

Relevant court

  (3)   For the purposes of Part   4 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection   (1):

  (a)   the Federal Court;

  (b)   the Federal Circuit and Family Court of Australia (Division   2);

  (c)   a court of a State or Territory that has jurisdiction in relation to the matter.

Crown not liable to pecuniary penalty

  (4)   Despite section   3 of this Act and section   4 - 2 of the Aged Care Act, the Crown is not liable to a pecuniary penalty in relation to the provisions mentioned in subsection   (1).

Extension to external Territories

  (5)   Part   4 of the Regulatory Powers Act, as it applies in relation to the provisions mentioned in subsection   (1), extends to the external Territories other than the Territory of Ashmore and Cartier Islands.