74EACivil penalty provisions

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.