Commonwealth Consolidated Acts

COMPETITION AND CONSUMER ACT 2010 - SECT 56EU

The provisions of this Division that are civil penalty provisions

  (1)   For the purposes of subparagraph   79(2)(a)(ii) of the Regulatory Powers Act, each of the following provisions of this Division (the privacy safeguard penalty provisions ) is a civil penalty provision:

  (a)   subsection   56ED(3);

  (b)   subsection   56EF(1);

  (c)   subsection   56EG(1);

  (d)   section   56EH;

  (e)   subsection   56EI(1) or (2);

  (f)   subsection   56EJ(1) or (2);

  (g)   subsection   56EK(1);

  (h)   subsection   56EL(1) or (2);

  (i)   subsection   56EM(1), (2) or (4);

  (j)   subsection   56EN(1), (2), (2A), (3) or (4);

  (k)   subsection   56EO(1) or (2);

  (l)   subsection   56EP(1) or (2).

Enforceable civil penalty provisions

  (2)   Each privacy safeguard penalty provision is enforceable under Part   4 of the Regulatory Powers 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

  (3)   For the purposes of Part   4 of the Regulatory Powers Act, the Information Commissioner is an authorised applicant in relation to each privacy safeguard penalty provision.

Relevant court

  (4)   For the purposes of Part   4 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to each privacy safeguard penalty provision:

  (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.

Act or omission also contravening a civil penalty provision of the consumer data rules

  (5)   If an act or omission constitutes:

  (a)   a contravention of one or more of the privacy safeguard penalty provisions; and

  (b)   a contravention of one or more civil penalty provisions of the consumer data rules;

proceedings may be instituted against a person in relation to the contravention of any one or more of those provisions.

Note 1:   The proceedings for a contravention referred to in paragraph   (a) would be instituted under Part   4 of the Regulatory Powers Act.

Note 2:   The proceedings for a contravention referred to in paragraph   (b) would be instituted under Part   VI of this Act.

  (6)   However, the person is not liable to more than one pecuniary penalty under:

  (a)   Part   4 of the Regulatory Powers Act for a contravention referred to in paragraph   (5)(a) of this section; and

  (b)   Part   VI of this Act for a contravention referred to in paragraph   (5)(b) of this section;

in relation to the same act or omission.

Note:   This means the person cannot be liable for a pecuniary penalty for a contravention of the privacy safeguards, and for a pecuniary penalty for a contravention of the consumer data rules, in relation to the same act or omission.