CTHRepealedAct
Aged Care Quality and Safety Commission Act 2018
74EACivil penalty provisions
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#### 74EA Civil penalty provisions
Enforceable civil penalty provisions
(1) The following civil penalty provisions are enforceable under Part 4 of the Regulatory Powers Act:
(a) each civil penalty provision of this Act;
(b) each civil penalty provision of Division 54 of the Aged Care 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 Commissioner is an authorised applicant in relation to the provisions mentioned in subsection (1).
Relevant court
(3) For the purposes of Part 4 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):
(a) the Federal Court;
(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 the matter.
Crown not liable to pecuniary penalty
(4) Despite section 3 of this Act and section 4‑2 of the Aged Care Act, the Crown is not liable to a pecuniary penalty in relation to the provisions mentioned in subsection (1).
Extension to external Territories
(5) Part 4 of the Regulatory Powers Act, as it applies in relation to the provisions mentioned in subsection (1), extends to the external Territories other than the Territory of Ashmore and Cartier Islands.