35Civil penalty provisions

35 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 and relevant court (2) For the purposes of Part 4 of the Regulatory Powers Act: (a) the Secretary is an authorised applicant in relation to the civil penalty provisions of 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 of Australia; (ii) the Federal Circuit and Family Court of Australia (Division 2); (iii) a court of a State or Territory that has jurisdiction in relation to the matter. Extension to offshore areas (3) Part 4 of the Regulatory Powers Act, as it applies in relation to the civil penalty provisions mentioned in subsection (1), extends to each offshore area.