Document ID: chunk:federal_register_of_legislation:C2021A00032:clause:5_117
Version: federal_register_of_legislation:C2021A00032
Segment Type: clause
Provision Reference: sch 5 cl 117
Character Range: 85185–87449

117  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) a Commissioner;
 (b) the Chief Executive Officer.
 (3) The Chief Executive Officer may, in writing, delegate the Chief Executive Officer's powers under Part 4 of the Regulatory Powers Act in relation to the civil penalty provisions of this Act to a member of the staff of TEQSA who is:
 (a) an SES employee or an acting SES employee; or
 (b) an APS employee who holds or performs the duties of an Executive Level 2 position or an equivalent position.
 (4) A person exercising powers under a delegation under subsection (3) must comply with any directions of the Chief Executive Officer.

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 civil penalty provisions of this Act:
 (a) the Federal Court;
 (b) the Federal Circuit Court.

Maximum penalties
 (6) Despite subsection 82(5) of the Regulatory Powers Act, the pecuniary penalty in relation to a contravention of a civil penalty provision of this Act (except subsection 114A(3) or 114B(2)) must not be more than the applicable pecuniary penalty specified for the provision.
Note: If a court is satisfied that a body corporate has contravened subsection 114A(3) or 114B(2) of this Act (about academic cheating services), under subsection 82(5) of the Regulatory Powers Act the court may determine a pecuniary penalty not exceeding an amount equal to 5 times the pecuniary penalty specified for the civil penalty provision.

Extension to external Territories
 (7) 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.

Division 6—Infringement notices