Commonwealth Consolidated Acts

DATA AVAILABILITY AND TRANSPARENCY ACT 2022 - SECT 116

Enforceable provisions

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

  (a)   a civil penalty provision;

  (b)   a provision of Chapter   3 (responsibilities of data scheme entities).

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

  (2)   However, an authorised person may not apply under section   121 of the Regulatory Powers Act for an injunction in relation to conduct in contravention of a civil penalty provision of this Act unless the Commissioner has made a determination under section   102 of this Act setting out the Commissioner's opinion that the person has contravened, is contravening or is proposing to contravene the provision.

Authorised person and relevant court

  (3)   For the purposes of Part   7 of the Regulatory Powers Act:

  (a)   the Commissioner is an authorised person in relation to the provisions mentioned in subsection   (1); and

  (b)   each of the following is a relevant court in relation to the provisions mentioned in subsection   (1):

  (i)   the Federal Court;

  (ii)   the Circuit Court;

  (iii)   a court of a State or Territory that has jurisdiction in relation to matters arising under this Act.