143Civil penalty provisions

143  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 Chair is an authorised applicant in relation to the civil penalty provisions of this Act.

 (3) 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:

Additional matters to be taken into account in determining a pecuniary penalty

 (4) In determining the pecuniary penalty for a contravention by a person of a civil penalty provision of this Act, the court must take into account, in addition to the matters mentioned in subsection 82(6) of the Regulatory Powers Act:

 (a) in any case—the extent of the person’s cooperation with the Regulator; and

 (b) if the person is a body corporate:

 (i) the level of the employees, officers or agents of the body corporate involved in the contravention; and

 (ii) whether the body corporate exercised due diligence to avoid the contravention; and

 (iii) whether the body corporate had a corporate culture conducive to compliance.

 (5) 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.

 (6) Part 4 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions of this Act, extends to a matter relating to the exercise of Australia’s sovereign rights in the exclusive economic zone or the continental shelf.

Liability of Crown

 (7) 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.

Division 4—Infringement notices