95C‑1 Civil penalty provisions95C‑1 Civil penalty provisions

#### 95C‑1 Civil penalty provisions Enforceable civil penalty provisions (1) Each \*civil penalty provision of this Act is enforceable under Part 4 of the \*Regulatory Powers 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 Secretary is an authorised applicant in relation to the \*civil penalty provisions of this Act. 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 \*civil penalty provisions of this Act: (a) the Federal Court of Australia; (b) the Federal Circuit Court of Australia; (c) a court of a State or Territory that has jurisdiction in relation to the matter. 22 Section 96‑1 (at the end of the cell at table item 9, column headed “Part or provision”) Add “and section 85‑6”. 23 Clause 1 of Schedule 1 Insert: > civil penalty provision has the same meaning as in the \*Regulatory Powers Act. > Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014. Part 2—Adviser and administrator panels Aged Care Act 1997 24 Paragraph 25‑4A(1)(b) Omit “, approved by the Secretary,”. 25 Subsection 25‑4A(2) Repeal the subsection. 26 Subsection 25‑4A(3) Repeal the subsection, substitute: (3) If the agreement requires the approved provider to appoint an adviser, the approved provider must appoint the adviser within the period specified in the agreement. 27 At the end of section 25‑4A Add: (4) The Classification Principles may exclude a class of persons from being appointed as an adviser. (5) The Classification Principles may specify matters that the Secretary must take into account in specifying, in the agreement, the period within which an approved provider that is required to appoint an adviser must appoint an adviser. 28 Paragraph 25‑4B(1)(a) Omit “subsection 25‑4A(2) or (3)”, substitute “subsection 25‑4A(3)”. 29 Subparagraphs 66‑2(1)(a)(iii) and (iv) Omit “approved by the Commonwealth”. 30 Subsections 66‑2(2) and (3) After “Commonwealth”, insert “, or a Commonwealth officer or employee,”. 31 Division 66A (heading) Repeal the heading, substitute: