Commonwealth Consolidated Acts

PUBLIC HEALTH (TOBACCO AND OTHER PRODUCTS) ACT 2023 - SECT 163

Enforceable provisions

  (1)   A provision is enforceable under Part   7 of the Regulatory Powers Act if it is:

  (a)   an offence against this Act; or

  (b)   a civil penalty provision of this Act.

Note:   Part   7 of the Regulatory Powers Act allows a provision to be enforced by obtaining an injunction.

Authorised person

  (2)   For the purposes of Part   7 of the Regulatory Powers Act, the Secretary is an authorised person in relation to the provisions mentioned in subsection   (1).

Relevant court

  (3)   For the purposes of Part   7 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection   (1):

  (a)   the Federal Court of Australia;

  (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.

Extension to external Territories

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