85Infringement notices

85 Infringement notices

(1) The following provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act: (a) an offence provision of this Act; (b) a civil penalty provision of this Act.

Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.

(2) For the purposes of Part 5 of the Regulatory Powers Act as it applies in relation to this Act: (a) each of the following is an infringement officer: (i) an NVETR staff member who is an SES employee or an acting SES employee; (ii) an NVETR staff member who is an APS employee who holds or performs the duties of an Executive Level 2 position or an equivalent position; (iii) an SES employee, or an acting SES employee, in the Department; and (b) the relevant chief executive is: (i) for an infringement notice given by an infringement officer covered by subparagraph (a)(i) or (ii)—the National VET Regulator; and (ii) for an infringement notice given by an infringement officer covered by subparagraph (a)(iii)—the Secretary. (3) For the purposes of Part 5 of the Regulatory Powers Act as it applies in relation to Part 5A and section 104A of this Act, the VSL Tuition Protection Director: (a) is an infringement officer; and (b) is the relevant chief executive.