51Civil penalty provisions

51 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. (3) The Secretary may, in writing, delegate to an SES employee or acting SES employee in the Department the Secretary’s powers and functions as an authorised applicant in relation to the civil penalty provisions of this Act. (4) In exercising powers or performing functions delegated under subsection (3), the delegate must comply with any directions of the Secretary. Relevant court (5) 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 and Family Court of Australia (Division 2). Maximum amount of pecuniary penalty (6) Despite subsection 82(5) of the Regulatory Powers Act, the pecuniary penalty payable under a civil penalty order under Part 4 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions of this Act, must not be more than the amount worked out under section 52 of this Act. Extension to external Territories (7) Part 4 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions of this Act, extends to every external Territory. Liability of Crown (8) Part 4 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions of this Act, does not make the Crown liable to a pecuniary penalty. (9) The protection in subsection (8) does not apply to an authority of the Crown.