79Enforceable civil penalty provisions

79 Enforceable civil penalty provisions

(1) A provision is enforceable under this Part if: (a) it is a civil penalty provision, as defined in subsection (2); and (b) an Act provides that the civil penalty provision is enforceable under this Part. (2) A provision of an Act or a legislative instrument is a civil penalty provision if: (a) either: (i) the provision sets out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”; or (ii) another provision of an Act or a legislative instrument provides that the provision is a civil penalty provision, or that a person is liable to a civil penalty if the person contravenes the provision; and (b) the provision is: (i) a subsection, or a section that is not divided into subsections; or (ii) a subregulation, or a regulation that is not divided into subregulations; or (iii) a subclause (however described) of a Schedule to an Act or of a legislative instrument; or (iv) a clause (however described) of a Schedule to an Act, or of a legislative instrument, that is not divided into subclauses.