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).