189Civil penalty provisions

189 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 of the Regulator is an authorised applicant in relation to the civil penalty provisions of this Act. (3) An authorised applicant may, in writing, delegate the authorised applicant’s powers and functions under Part 4 of the Regulatory Powers Act in relation to the civil penalty provisions of this Act to a person who is: (a) a member of the staff of the Regulator; and (b) an SES employee or acting SES employee.

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

(4) In performing functions, or exercising powers, under a delegation made by an authorised applicant under subsection (3), the delegate must comply with any directions of the authorised applicant. Relevant court (5) 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) a court of a State or Territory that has jurisdiction in relation to matters arising under this Act. Extension to external Territories (6) 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. 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.