Commonwealth Consolidated Acts Commonwealth Consolidated ActsEnforceable provisions
(1) Each civil penalty provision of this Act is enforceable under:
(a) Part 4 of the Regulatory Powers Act (civil penalty provisions); and
(b) Part 6 of that Act (enforceable undertakings); and
(c) Part 7 of that Act (injunctions).
Note 1: 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.
Note 2: Part 6 of that Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.
Note 3: Part 7 of that Act creates a framework for using injunctions to enforce provisions.
Authorised applicant
(2) For the purposes of Part 4 of the Regulatory Powers Act, as that Part applies in relation to a civil penalty provision of this Act, each of the following persons is an authorised applicant:
(a) the Secretary;
(b) a person who is appointed under subsection (3).
(3) The Secretary may, by writing, appoint a person who:
(a) is the chief executive officer (however described) of a relevant Commonwealth regulator; or
(b) is an SES employee, or an acting SES employee, in:
(i) the Department; or
(ii) a relevant Commonwealth regulator; or
(c) holds, or is acting in, a position in a relevant Commonwealth regulator that is equivalent to, or higher than, a position occupied by an SES employee;
to be an authorised applicant for the purposes of Part 4 of the Regulatory Powers Act, as that Part applies in relation to a civil penalty provision of this Act.
Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901 .
Authorised person
(3A) For the purposes of Parts 6 and 7 of the Regulatory Powers Act, as those Parts apply in relation to a civil penalty provision of this Act, each of the following persons is an authorised person:
(a) the Secretary;
(b) a person who is appointed under subsection (3B).
(3B) The Secretary may, by writing, appoint a person who:
(a) is the chief executive officer (however described) of a relevant Commonwealth regulator; or
(b) is an SES employee, or an acting SES employee, in:
(i) the Department; or
(ii) a relevant Commonwealth regulator; or
(c) holds, or is acting in, a position in a relevant Commonwealth regulator that is equivalent to, or higher than, a position occupied by an SES employee;
to be an authorised person for the purposes of Parts 6 and 7 of the Regulatory Powers Act, as those Parts apply in relation to a civil penalty provision of this Act.
Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901 .
Relevant court
(4) For the purposes of Parts 4, 6 and 7 of the Regulatory Powers Act, as those Parts apply in relation to a civil penalty provision of this Act, each of the following is a relevant court:
(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 outside Australia
(5) Parts 4, 6 and 7 of the Regulatory Powers Act, as those Parts apply in relation to a civil penalty provision of this Act, extends outside Australia (including to every external Territory).