Commonwealth Consolidated Acts

PAYMENT TIMES REPORTING ACT 2020 - SECT 33

Enforceable 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, the Regulator is an authorised applicant in relation to the civil penalty provisions of this Act.

Relevant court

  (3)   For the purposes of Part   4 of the Regulatory Powers Act, each relevant court (as defined in section   5 of this Act) is a relevant court in relation to the civil penalty provisions of this Act.

Liability of Crown

  (4)   Part   4 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions of this Act, does not make the Crown in right of the Commonwealth liable to a pecuniary penalty.

Mistake of fact--bodies corporate

  (5)   A body corporate can only rely on section   95 of the Regulatory Powers Act (mistake of fact) in respect of conduct that would, apart from this section, constitute a contravention on its part of a civil penalty provision of this Act if:

  (a)   the employee, agent or officer of the body corporate who carried out the conduct was under a mistaken but reasonable belief about facts that, had they existed, would have meant that the conduct would not have contravened the civil penalty provision; and

  (b)   the body corporate proves that it exercised due diligence to prevent the conduct.

  (6)   A failure to exercise due diligence may be evidenced by the fact that the prohibited conduct was substantially attributable to:

  (a)   inadequate corporate management, control or supervision of the conduct of one or more of its employees, agents or officers; or

  (b)   failure to provide adequate systems for conveying relevant information to relevant persons in the body corporate.

Extension to external Territories etc.

  (7)   Part   4 of the Regulatory Powers Act, as it applies in relation to the civil penalty provisions of this Act, extends to every external Territory.