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.

Relevant court
  • (4)

    For the purposes of Parts 4, 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 is a relevant court:

    • (a)

      the Federal Court of Australia;

    • (b)

      the Federal Circuit and Family Court of Australia (Division 2);

    • (c)

      a court of a State or Territory that has jurisdiction in relation to matters arising under this Act.

Extension outside Australia
  • (5)

    Parts 4, 6 and 7 of the Regulatory Powers Act, as those Parts apply in relation to a civil penalty provision of this Act, extends outside Australia (including to every external Territory).