Commonwealth Consolidated Acts

NATIONAL DISABILITY INSURANCE SCHEME ACT 2013 - SECT 73ZK

    Enforceable civil penalty provisions

  (1)   Each civil penalty provision of this Part   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

  (2)   For the purposes of Part   4 of the Regulatory Powers Act, the Commissioner is an authorised applicant in relation to the civil penalty provisions of this Part.

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 civil penalty provisions of this Part:

  (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.

Liability of Crown

  (4)   To avoid doubt, subsection   205(2) does not prevent the Crown from being liable to pay a pecuniary penalty under a civil penalty order under Part   4 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions of this Act.