Document ID: chunk:federal_register_of_legislation:C2024A00121:section:143
Version: federal_register_of_legislation:C2024A00121
Segment Type: section
Provision Reference: s 143
Character Range: 166453–168784

143  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, the Chair is an authorised applicant in relation to the civil penalty provisions of this Act.

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 matters arising under this Act.

Additional matters to be taken into account in determining a pecuniary penalty
 (4) In determining the pecuniary penalty for a contravention by a person of a civil penalty provision of this Act, the court must take into account, in addition to the matters mentioned in subsection 82(6) of the Regulatory Powers Act:
 (a) in any case—the extent of the person's cooperation with the Regulator; and
 (b) if the person is a body corporate:
 (i) the level of the employees, officers or agents of the body corporate involved in the contravention; and
 (ii) whether the body corporate exercised due diligence to avoid the contravention; and
 (iii) whether the body corporate had a corporate culture conducive to compliance.

Extension to external Territories
 (5) Part 4 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions of this Act, extends to every external Territory.
 (6) Part 4 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions of this Act, extends to a matter relating to the exercise of Australia's sovereign rights in the exclusive economic zone or the continental shelf.

Liability of Crown
 (7) 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.

Division 4—Infringement notices