Commonwealth Consolidated Acts

NATURE REPAIR ACT 2023 - SECT 190

Provisions subject to an infringement notice

  (1)   A civil penalty provision of this Act (other than a provision specified in subsection   (2)) is subject to an infringement notice under Part   5 of the Regulatory Powers Act.

Note:   Part   5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.

  (2)   The following provisions are specified:

  (a)   subsection   46(1);

  (b)   subsection   46(2);

  (c)   subsection   113(1);

  (d)   subsection   113(3);

  (e)   subsection   116(4);

  (f)   subsection   121(4);

  (g)   subsection   121(7);

  (h)   subsection   122(3);

  (i)   subsection   150(5);

  (j)   section   155;

  (k)   subsection   168(3).

Infringement officer

  (3)   For the purposes of Part   5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions covered by subsection   (1):

  (a)   an inspector;

  (b)   a person who is:

  (i)   a member of the staff of the Regulator; and

  (ii)   an SES employee or acting SES employee.

Note:   The expressions SES employee and acting SES employee are defined in section   2B of the Acts Interpretation Act 1901 .

Relevant chief executive

  (4)   For the purposes of Part   5 of the Regulatory Powers Act, the Chair of the Regulator is the relevant chief executive in relation to the provisions covered by subsection   (1).

  (5)   The relevant chief executive may, in writing, delegate the relevant chief executive's powers and functions under Part   5 of the Regulatory Powers Act in relation to the provisions covered by subsection   (1) to a person who is:

  (a)   a member of the staff of the Regulator; and

  (b)   an SES employee or acting SES employee.

Note:   The expressions SES employee and acting SES employee are defined in section   2B of the Acts Interpretation Act 1901 .

  (6)   A person exercising powers or performing functions under a delegation under subsection   (5) must comply with any directions of the relevant chief executive.

Extension to external Territories

  (7)   Part   5 of the Regulatory Powers Act, as that Part applies in relation to the provisions covered by subsection   (1), extends to every external Territory.