113Civil penalty provisions

113 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.

(2) However, an authorised applicant may not apply under section 82 of the Regulatory Powers Act for an order that a person pay a pecuniary penalty in relation to a contravention of a civil penalty provision of this Act unless the Commissioner has made a determination under section 102 of this Act setting out the Commissioner’s opinion that the person has contravened the provision. Authorised applicant and relevant court (3) For the purposes of Part 4 of the Regulatory Powers Act: (a) the Commissioner is an authorised applicant in relation to the civil penalty provisions in this Act; and (b) each of the following is a relevant court in relation to the civil penalty provisions of this Act: (i) the Federal Court; (ii) the Circuit Court; (iii) a court of a State or Territory that has jurisdiction in relation to the matter.