Commonwealth Consolidated Acts

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

Enforceable provisions

  (1)   The following provisions are enforceable under Part   7 of the Regulatory Powers Act:

  (a)   subsections   74AC(1) and 74AD(1) of this Act;

  (b)   a provision of Chapter   4 of the Aged Care Act.

Note:   Part   7 of the Regulatory Powers Act creates a framework for using injunctions to enforce provisions.

Authorised person

  (2)   For the purposes of Part   7 of the Regulatory Powers Act, the Commissioner is an authorised person in relation to the provisions mentioned in subsection   (1).

Relevant court

  (3)   For the purposes of Part   7 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 matters arising under this Act.

Consent injunctions

  (4)   A relevant court may grant an injunction under Part   7 of the Regulatory Powers Act in relation to the provisions mentioned in subsection   (1) by consent of all the parties to proceedings brought under that Part, whether or not the court is satisfied that section   121 of that Act applies.

Extension to external Territories

  (5)   Part   7 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.