Commonwealth Consolidated Acts

REGULATORY POWERS (STANDARD PROVISIONS) ACT 2014 - SECT 79

  (1)   A provision is enforceable under this Part   if:

  (a)   it is a civil penalty provision, as defined in subsection   (2); and

  (b)   an Act provides that the civil penalty provision is enforceable under this Part.

  (2)   A provision of an Act or a legislative instrument is a civil penalty provision if:

  (a)   either:

  (i)   the provision sets out at its foot a pecuniary penalty, or penalties, indicated by the words "Civil penalty"; or

  (ii)   another provision of an Act or a legislative instrument provides that the provision is a civil penalty provision, or that a person is liable to a civil penalty if the person contravenes the provision; and

  (b)   the provision is:

  (i)   a subsection, or a section that is not divided into subsections; or

  (ii)   a subregulation, or a regulation that is not divided into subregulations; or

  (iii)   a subclause   (however described) of a Schedule to an Act or of a legislative instrument; or

  (iv)   a clause (however described) of a Schedule to an Act, or of a legislative instrument, that is not divided into subclauses.