49Civil penalties, enforceable undertakings and injunctions

49 Civil penalties, enforceable undertakings and injunctions

Enforceable provisions (1) Each civil penalty provision of this Act is enforceable under: (a) Part 4 of the Regulatory Powers Act (civil penalty provisions); and (b) Part 6 of that Act (enforceable undertakings); and (c) Part 7 of that Act (injunctions).

Note 1: 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.

Note 2: Part 6 of that Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.

Note 3: Part 7 of that Act creates a framework for using injunctions to enforce provisions.

Authorised applicant (2) For the purposes of Part 4 of the Regulatory Powers Act, as that Part applies in relation to a civil penalty provision of this Act, each of the following persons is an authorised applicant: (a) the Secretary; (b) a person who is appointed under subsection (3). (3) The Secretary may, by writing, appoint a person who: (a) is the chief executive officer (however described) of a relevant Commonwealth regulator; or (b) is an SES employee, or an acting SES employee, in: (i) the Department; or (ii) a relevant Commonwealth regulator; or (c) holds, or is acting in, a position in a relevant Commonwealth regulator that is equivalent to, or higher than, a position occupied by an SES employee; to be an authorised applicant for the purposes of Part 4 of the Regulatory Powers Act, as that Part applies in relation to a civil penalty provision of this Act.

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

Authorised person (3A) For the purposes of Parts 6 and 7 of the Regulatory Powers Act, as those Parts apply in relation to a civil penalty provision of this Act, each of the following persons is an authorised person: (a) the Secretary; (b) a person who is appointed under subsection (3B). (3B) The Secretary may, by writing, appoint a person who: (a) is the chief executive officer (however described) of a relevant Commonwealth regulator; or (b) is an SES employee, or an acting SES employee, in: (i) the Department; or (ii) a relevant Commonwealth regulator; or (c) holds, or is acting in, a position in a relevant Commonwealth regulator that is equivalent to, or higher than, a position occupied by an SES employee; to be an authorised person for the purposes of Parts 6 and 7 of the Regulatory Powers Act, as those Parts apply in relation to a civil penalty provision of this Act.

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