54Civil penalties under Part 4 of the Regulatory Powers Act

54 Civil penalties under Part 4 of the Regulatory Powers Act

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, as that Part applies in relation to the civil penalty provisions of this Act: (a) each of the following persons is an authorised applicant: (i) the Minister; (ii) the Secretary; (iii) an SES employee, or acting SES employee, in the Department; and (b) a relevant court (as defined in section 5 of this Act) is a relevant court. Maximum penalties (3) Despite subsection 82(5) of the Regulatory Powers Act, the pecuniary penalty in relation to a contravention of one of the following civil penalty provisions must not be more than the applicable pecuniary penalty specified in the provision: (a) subsection 38(4) (compliance with recall notices); (b) subsection 39(3) (notification requirements—compulsory recalls); (c) subsection 40(3) (notification requirements—voluntary recalls).

Note: Those civil penalty provisions specify the maximum civil penalty that applies in relation to a person who is a body corporate and a person who is not a body corporate.

Liability of Crown (4) 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.