Document ID: chunk:federal_register_of_legislation:C2024C00820:section:113
Version: federal_register_of_legislation:C2024C00820
Segment Type: section
Provision Reference: s 113
Character Range: 173742–174947

113  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.
 (2) However, an authorised applicant may not apply under section 82 of the Regulatory Powers Act for an order that a person pay a pecuniary penalty in relation to a contravention of a civil penalty provision of this Act unless the Commissioner has made a determination under section 102 of this Act setting out the Commissioner's opinion that the person has contravened the provision.

Authorised applicant and relevant court
 (3) For the purposes of Part 4 of the Regulatory Powers Act:
 (a) the Commissioner is an authorised applicant in relation to the civil penalty provisions in this Act; and
 (b) each of the following is a relevant court in relation to the civil penalty provisions of this Act:
 (i) the Federal Court;
 (ii) the Circuit Court;
 (iii) a court of a State or Territory that has jurisdiction in relation to the matter.