Document ID: chunk:federal_register_of_legislation:C2024A00118:clause:2_10kg
Version: federal_register_of_legislation:C2024A00118
Segment Type: clause
Provision Reference: sch 2 cl 10KG
Character Range: 79826–81462

10KG  Civil penalty provisions

Civil penalties
 (1) In addition to the matters mentioned in section 10A, the Accreditation Rules may:
 (a) prescribe civil penalty provisions (the CCS civil penalty provisions) in relation to requirements to be complied with by CCS practitioners and CCS businesses; and
 (b) prescribe penalties for contraventions of the CCS civil penalty provisions that do not exceed:
 (i) for a body corporate—250 penalty units; or
 (ii) for any other person—50 penalty units.
 (2) Each CCS civil penalty provision is enforceable under Part 4 of the Regulatory Powers Act.

Authorised applicant
 (3) For the purposes of Part 4 of the Regulatory Powers Act, each of the following persons is an authorised applicant in relation to the CCS civil penalty provisions:
 (a) the Secretary of the Department;
 (b) the person or persons prescribed by the Accreditation Rules as having responsibility for monitoring compliance with the Rules in relation to CCS practitioners and CCS businesses.
 (4) The Secretary of the Department may, in writing, delegate the Secretary's powers and functions under Part 4 of the Regulatory Powers Act in relation to the CCS civil penalty provisions to an SES employee, or an acting SES employee, in the Department.

Relevant court
 (5) For the purposes of Part 4 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the CCS civil penalty provisions:
 (a) the Federal Court of Australia;
 (b) the Federal Circuit and Family Court of Australia;
 (c) a court of a State or Territory that has jurisdiction in relation to matters arising under this Act.