Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The regulations may do any of the following:
(a) make a provision of the regulations a civil penalty provision (see Part 4 of the Regulatory Powers Act);
(b) provide that a civil penalty provision of the regulations may be enforced under Part 4 of the Regulatory Powers Act;
(c) provide that a person is an authorised applicant in relation to one or more civil penalty provisions of the regulations for the purposes of Part 4 of the Regulatory Powers Act;
(d) provide that a court is a relevant court in relation to one or more civil penalty provisions of the regulations for the purposes of Part 4 of the Regulatory Powers Act;
(e) provide that an offence provision or a civil penalty provision in a provision of the regulations is subject to an infringement notice (see Part 5 of the Regulatory Powers Act);
(f) provide that a person is an infringement officer in relation to one or more provisions of the regulations for the purposes of Part 5 of the Regulatory Powers Act;
(g) provide that a person is the relevant chief executive in relation to one or more provisions of the regulations for the purposes of Part 5 of the Regulatory Powers Act;
(h) make a provision of the regulations enforceable under Part 6 of the Regulatory Powers Act (which deals with enforceable undertakings);
(i) provide that a person is an authorised person in relation to one or more provisions of the regulations for the purposes of Part 6 of the Regulatory Powers Act;
(j) provide that a court is a relevant court in relation to one or more provisions of the regulations for the purposes of Part 6 of the Regulatory Powers Act;
(k) make a provision of a legislative instrument made under this Act (an OEI legislative instrument ) enforceable under Part 7 of the Regulatory Powers Act (which deals with injunctions);
(l) provide that a person is an authorised person in relation to one or more provisions of an OEI legislative instrument for the purposes of Part 7 of the Regulatory Powers Act;
(m) provide that a court is a relevant court in relation to one or more provisions of an OEI legislative instrument for the purposes of Part 7 of the Regulatory Powers Act;
(n) modify the Regulatory Powers Act as it applies in relation to a provision of the regulations.
Continuing contravention
(2) If a contravention of a civil penalty provision in the regulations is a continuing contravention, the regulations may provide that the maximum civil penalty for each day that the contravention continues is 10% of the maximum civil penalty that could be imposed in respect of that contravention.
Extension to the Commonwealth offshore area
(3) Part 4 of the Regulatory Powers Act, as it applies in relation to the civil penalty provisions covered by regulations made for the purposes of paragraph (1)(b), extends to the Commonwealth offshore area.
(4) Part 5 of the Regulatory Powers Act, as it applies in relation to the provisions covered by regulations made for the purposes of paragraph (1)(e), extends to the Commonwealth offshore area.
(5) Part 6 of the Regulatory Powers Act, as it applies in relation to the provisions covered by regulations made for the purposes of paragraph (1)(h), extends to the Commonwealth offshore area.
(6) Part 7 of the Regulatory Powers Act, as it applies in relation to the provisions covered by regulations made for the purposes of paragraph (1)(k), extends to the Commonwealth offshore area.
Extension to external Territories etc.
(7) Part 4 of the Regulatory Powers Act, as it applies in relation to the civil penalty provisions covered by regulations made for the purposes of paragraph (1)(b), extends to every external Territory to which this Act extends.
(8) Part 5 of the Regulatory Powers Act, as it applies in relation to the provisions covered by regulations made for the purposes of paragraph (1)(e), extends to every external Territory to which this Act extends.
(9) Part 6 of the Regulatory Powers Act, as it applies in relation to the provisions covered by regulations made for the purposes of paragraph (1)(h), extends to every external Territory to which this Act extends.
(10) Part 7 of the Regulatory Powers Act, as it applies in relation to the provisions covered by regulations made for the purposes of paragraph (1)(k), extends to every external Territory to which this Act extends.
Note: For the external Territories to which this Act extends, see section 5.
Application of the Regulatory Powers Act
(11) In determining the meaning of the expression an Act provides , when used in Part 4, 5, 6 or 7 of the Regulatory Powers Act, assume that regulations made for the purposes of subsection (1) are an Act.