##### 49  Civil penalties, enforceable undertakings and injunctions ###### Enforceable 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 \(including to every external Territory\)\. ### Division 3—Monitoring and investigation powers --- ## Source and attribution Saved copy: C2018A00029 / C2026C00213 / f578e546a17068939a3a5a928474713f844dfae8 Scope: navPoint\_242 Compiled 2026\-06\-04\. This does not establish legal commencement\. Official source: https://www\.legislation\.gov\.au/C2018A00029/2026\-06\-04/2026\-06\-04/text/1/epub/OEBPS/document\_1/document\_1\.html Licence: https://creativecommons\.org/licenses/by/4\.0/ Based on content from the Federal Register of Legislation at 1 October 2026\. For the latest information on Australian Government legislation please go to https://www\.legislation\.gov\.au\. Converted XHTML into Tiptap JSON; recovered lists from paragraph classes; kept literal labels and text\. Print layout is changed\. The Commonwealth Coat of Arms is not covered by the CC BY licence\.