Document ID: chunk:federal_register_of_legislation:C2023A00095:section:28
Version: federal_register_of_legislation:C2023A00095
Segment Type: section
Provision Reference: s 28
Character Range: 46250–47471

28  Civil penalty provisions

Enforceable civil penalty provisions
 (1) Each civil penalty provision of this Act is enforceable under Part 4 of the Regulatory Powers Act.
Note: 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.

Authorised applicant
 (2) For the purposes of Part 4 of the Regulatory Powers Act, each of the following persons is an authorised applicant in relation to the civil penalty provisions of this Act:
 (a) the Secretary;
 (b) an SES employee, or an acting SES employee, in the Department.

Relevant court
 (3) For the purposes of Part 4 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the civil penalty provisions of this Act:
 (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 the matter.

Liability of Crown
 (4) Part 4 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions of this Act, does not make the Crown liable to a pecuniary penalty.