79Civil penalty provisions, enforceable undertakings and injunctions

79  Civil penalty provisions, enforceable undertakings and injunctions

Enforceable provisions

 (1) Each civil penalty provision of this Act, and each civil penalty provision of Division 1A of Part 6 of the Intelligence Services Act 2001, is enforceable:

 (a) under Part 4 of the Regulatory Powers Act (civil penalty provisions); and

 (b) Part 7 (injunctions) of the Regulatory Powers Act.

Note 1: 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.

Note 2: Part 7 of that Act creates a framework for using injunctions to enforce provisions.

 (2) The following provisions are enforceable under Part 6 (enforceable undertakings) of the Regulatory Powers Act:

 (a) each civil penalty provision of this Act, and each civil penalty provision of Division 1A of Part 6 of the Intelligence Services Act 2001;

 (b) sections 15 and 16 of this Act.

Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.

 (3) For the purposes of Parts 4 and 7 of the Regulatory Powers Act, each of the following persons is an authorised applicant in relation to the civil penalty provisions mentioned in subsection (1):

 (a) the Secretary;

 (b) a person who is appointed under subsection (4).

 (4) For the purposes of paragraph (3)(b), the Secretary may, by writing, appoint a person who:

 (a) is the chief executive officer (however described) of a designated Commonwealth body; or

 (b) is an SES employee, or an acting SES employee, in:

 (c) holds, or is acting in, a position in a designated Commonwealth body that is equivalent to, or higher than, a position occupied by an SES employee;

to be an authorised applicant for the purposes of Part 4 of the Regulatory Powers Act.

Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.

 (5) For the purposes of Part 6 of the Regulatory Powers Act, as that Part applies in relation to a provision mentioned in subsection (2), each of the following persons is an authorised person:

 (a) the Secretary;

 (b) a person who is appointed under subsection (6).

 (6) For the purposes of paragraph (5)(b), the Secretary may, by writing, appoint a person who is an SES employee, or an acting SES employee in:

 (a) the Department; or

 (b) a designated Commonwealth body.