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 of the following persons is an authorised applicant in relation to the civil penalty provisions of this Act:
(a) the Secretary;
(b) the Fair Work Ombudsman.
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 Act:
(a) the Federal Court;
(b) the Federal Circuit and Family Court of Australia (Division 2).
Delegation
(4) The Secretary may, in writing, delegate the Secretary's powers and functions under Part 4 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions of this Act, to:
(a) the Chief Executive Centrelink; or
(b) the Chief Executive Medicare; or
(c) an SES employee or an acting SES employee.
(5) If the Secretary delegates any of the Secretary's powers or functions under Part 4 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions of this Act, to the Chief Executive Centrelink, the Chief Executive Centrelink cannot, despite any provision in the Human Services (Centrelink) Act 1997 , delegate the power to a Departmental employee (within the meaning of that Act) who is neither:
(a) an SES employee; nor
(b) an acting SES employee.
(6) If the Secretary delegates any of the Secretary's powers or functions under Part 4 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions of this Act, to the Chief Executive Medicare, the Chief Executive Medicare cannot, despite any provision in the Human Services (Medicare) Act 1973 , delegate the power to a Departmental employee (within the meaning of that Act) who is neither:
(a) an SES employee; nor
(b) an acting SES employee.
Territories of Christmas Island and Cocos (Keeling) Islands
(7) Part 4 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions of this Act, extends to the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands.
Liability of Crown
(8) To avoid doubt, subsection 3(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.