49C  Infringement notices

Provisions subject to an infringement notice

• (1)

  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.

Infringement officer

• (2)

  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).

• (3)

  The Secretary may, by writing, authorise a person who:

  • (a)

    is an SES employee, or an acting SES employee, in:

    • (i)

      the Department; or

    • (ii)

      a relevant Commonwealth regulator; or

  • (b)

    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.

Relevant chief executive

• (4)

  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).

• (5)

  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.

• (6)

  A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.

External Territories

• (7)

  Part 5 of the Regulatory Powers Act, as it applies in relation to the provisions mentioned in subsection (1), extends to every external Territory.