A civil penalty provision of this Act is subject to an infringement notice under Part 5 of the Regulatory Powers Act.
Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.
For the purposes of Part 5 of the Regulatory Powers Act, a person authorised under subsection (3) is an infringement officer in relation to the provisions mentioned in subsection (1).
The Secretary may, by writing, authorise a person who:
is an SES employee, or an acting SES employee, in:
the Department; or
a relevant Commonwealth regulator; or
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 infringement officer in relation to the provisions mentioned in subsection (1).
Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.
For the purposes of Part 5 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to the provisions mentioned in subsection (1).
The relevant chief executive may, in writing, delegate any or all of the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act to a person who is an SES employee or an acting SES employee in the Department.
Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.
A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.
Part 5 of the Regulatory Powers Act, as it applies in relation to the provisions mentioned in subsection (1), extends to every external Territory.