Document ID: chunk:federal_register_of_legislation:C2023C00325:section:35
Version: federal_register_of_legislation:C2023C00325
Segment Type: section
Provision Reference: s 35
Character Range: 43058–44120

35  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 and relevant court
 (2) For the purposes of Part 4 of the Regulatory Powers Act:
 (a) the Secretary is an authorised applicant in relation to the civil penalty provisions of 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 of Australia;
 (ii) the Federal Circuit and Family Court of Australia (Division 2);
 (iii) a court of a State or Territory that has jurisdiction in relation to the matter.

Extension to offshore areas
 (3) Part 4 of the Regulatory Powers Act, as it applies in relation to the civil penalty provisions mentioned in subsection (1), extends to each offshore area.