117Civil penalty provisions

117 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: (a) each of the following persons is an authorised applicant in relation to the civil penalty provisions of this Act (except a civil penalty provision of Part 5A): (i) a Commissioner; (ii) the Chief Executive Officer; and (b) the Higher Education Tuition Protection Director is an authorised applicant in relation to the civil penalty provisions of Part 5A.

Note: For delegation by the Chief Executive Officer, see subsection 154L(2).

Relevant court (5) For the purposes of Part 4 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the civil penalty provisions of this Act: (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2). Maximum penalties (6) Despite subsection 82(5) of the Regulatory Powers Act, the pecuniary penalty in relation to a contravention of a civil penalty provision of this Act (except subsection 114A(3) or 114B(2)) must not be more than the applicable pecuniary penalty specified for the provision.

Note: If a court is satisfied that a body corporate has contravened subsection 114A(3) or 114B(2) of this Act (about academic cheating services), under subsection 82(5) of the Regulatory Powers Act the court may determine a pecuniary penalty not exceeding an amount equal to 5 times the pecuniary penalty specified for the civil penalty provision.

Extension to external Territories (7) Part 4 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions of this Act, extends to every external Territory.