76Civil penalty provisions

76 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, each of the following persons is an authorised applicant in relation to the civil penalty provisions of this Act: (a) the Minister; (b) the Secretary; (c) an SES employee, or acting SES employee, in the Department. Relevant court (3) For the purposes of Part 4 of the Regulatory Powers Act, a relevant court (as defined in section 10 of this Act) is a relevant court in relation to the civil penalty provisions of this Act. Liability of Crown (4) Part 4 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), does not make the Crown liable to a pecuniary penalty. Extension to external Territories (5) Part 4 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), extends to every external Territory. Extended geographical jurisdiction for certain civil penalty provisions (6) Each of the civil penalty provisions specified in subsection (7) is enforceable under Part 4 of the Regulatory Powers Act: (a) whether or not the conduct constituting the alleged contravention of the civil penalty provision occurs in Australia; and (b) whether or not a result of the conduct constituting the alleged contravention of the civil penalty provision occurs in Australia. (7) The following provisions are specified: (a) section 17 (duty to ensure that final emissions value is zero or less); (b) section 60 (false or misleading information); (c) section 62 (contravention of requirement in relation to registry account); (d) section 63 (contravention of condition on registry account); (e) section 64 (failure of former registry account holder to retain record); (f) section 65 (failure of former registry account holder to provide information).