Commonwealth Consolidated Acts Commonwealth Consolidated ActsEnforceable civil penalty provisions
(1) Each civil penalty provision of this Act 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, each person mentioned in column 1 of an item of the following table is an authorised applicant in relation to a provision mentioned in column 2 of the item.
Authorised applicants | ||
Item | Column 1 Authorised applicant | Column 2 Provisions |
1 | The CEO | (a) subsection 15(4); (b) subsection 77(3); (c) subsection 78(3); (d) subsection 116(5); (e) subsection 118(3); (f) subsection 123(4); (g) subsection 128(4); (h) subsections 141(6) and (7); (i) subsection 168(3); (j) subsection 201(7); (k) subsection 203(3); (l) subsection 210(3); (m) subsection 267(3); (n) subsection 270(3). |
2 | The Registrar | (a) subsection 91(2); (b) subsection 93(2); (c) subsection 95(3); (d) subsection 96(2); (e) subsection 97(2); (f) subsection 99(3); (g) subsection 108(3); (h) subsection 168(3); (i) subsection 267(3); (j) subsection 270(3). |
No time limit for certain applications
(3) Subsection 82(2) of the Regulatory Powers Act does not apply to an application made under section 82 of that Act in relation to an alleged contravention of the following provisions of this Act:
(a) subsection 91(2);
(b) subsection 93(2);
(c) subsection 95(3);
(d) subsection 96(2);
(e) subsection 97(2);
(f) subsection 99(3);
(g) subsection 108(3).
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 the civil penalty provisions of this Act:
(a) the Federal Court;
(b) the Federal Circuit and Family Court of Australia (Division 2);
(c) the Supreme Court of a State or Territory.
Extension to Commonwealth offshore area
(5) Part 4 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions of this Act, extends to the Commonwealth offshore area.
Extension to external Territories
(6) Part 4 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions of this Act, extends to every external Territory to which this Act extends.
Note: For the external Territories to which this Act extends, see section 5.