49ACivil penalty provisions

#### 49A 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 Corporation, on behalf of the Commonwealth, is an authorised applicant in relation to the civil penalty provisions of this Act. (3) The Corporation may, by writing under its seal, delegate its powers as an authorised applicant in relation to the civil penalty provisions of this Act to: (a) a Director; or (b) a person employed by the Corporation; or (c) a person engaged by the Corporation under a contract; or (d) a person employed by a person referred to in paragraph (c). Relevant court (4) 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; (b) the Federal Circuit and Family Court of Australia (Division 2). Additional matters to be taken into account in determining a pecuniary penalty (5) In addition to the matters the court must take into account under subsection 82(6) of the Regulatory Powers Act in determining the pecuniary penalty for the contravention of a civil penalty provision of this Act, if the person who contravened the civil penalty provision is a body corporate, the court must take into account: (a) the level of the employees, officers or agents of the body corporate involved in the contravention; and (b) whether the body corporate exercised due diligence to avoid the contravention; and (c) whether the body corporate had a corporate culture conducive to compliance.