49 Civil penalties, enforceable undertakings and injunctions
Enforceable provisions
Each civil penalty provision of this Act is enforceable under:
Part 4 of the Regulatory Powers Act (civil penalty provisions); and
Part 6 of that Act (enforceable undertakings); and
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
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:
the Secretary;
a person who is appointed under subsection (3).
The Secretary may, by writing, appoint a person who:
is the chief executive officer (however described) of a relevant Commonwealth regulator; or
is an SES employee, or an acting SES employee, in:
the Department; or
a relevant Commonwealth regulator; or
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
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:
the Secretary;
a person who is appointed under subsection (3B).
The Secretary may, by writing, appoint a person who:
is the chief executive officer (however described) of a relevant Commonwealth regulator; or
is an SES employee, or an acting SES employee, in:
the Department; or
a relevant Commonwealth regulator; or
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
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:
the Federal Court of Australia;
the Federal Circuit and Family Court of Australia (Division 2);
a court of a State or Territory that has jurisdiction in relation to matters arising under this Act.
Extension outside Australia
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).