53ZKInfringement notices

53ZK Infringement notices

Object

(1) The object of this section is for Division 5 of Part XI to apply to a provision to which this section applies in a corresponding way to the way that Division applies to a provision of Part 2‑2 of the Australian Consumer Law.

Note: That Division is about infringement notices issued for alleged contraventions of provisions of the Australian Consumer Law.

(2) This section applies to the following provisions:

(a) subsection 53ZQ(1);

(b) subsection 53ZQ(2);

(c) subsection 53ZQ(3);

(d) section 53ZV;

(e) subsection 53ZW(1);

(f) a civil penalty provision of a gas market instrument, other than a provision that is a requirement for a gas market participant to deal with another gas market participant in good faith as mentioned in paragraph 53Q(b).

Extended application of Division 5 of Part XI etc.

(3) Division 5 of Part XI, and any other provision of this Act that relates to that Division, also apply in relation to a provision to which this section applies as if:

(a) the substitutions in the following table were made; and

(b) the following substitutions were made:

(i) for a reference in item 1 of the table in section 134C to 60 penalty units, substitute a reference to 600 penalty units;

(ii) for a reference in that item to 12 penalty units, substitute a reference to 60 penalty units.

• Substitutions to be made
• Item Column 1For a reference in Division 5 of Part XI to … Column 2substitute a reference to …
• 1 section 224 of the Australian Consumer Law section 76 of this Act.
• 2 Chapter 4 or Part 5‑2 of the Australian Consumer Law Part VI of this Act.
• 3 a provision of Part 2‑2 of the Australian Consumer Law a provision to which section 53ZK of this Act applies.

(4) To avoid doubt, Division 2 of Part XI does not limit the application of section 53ZZA (about constitutional basis) to the extended application of Division 5 of Part XI as described in this section.

Judicial power

(5) Division 5 of Part XI, and any other provision of this Act that relates to that Division, have no effect to the extent to which they would otherwise:

(a) apply in relation to a provision to which this section applies; and

(b) purport to confer judicial power on the Commission.