Document ID: chunk:federal_register_of_legislation:C2024C00480:section:129
Version: federal_register_of_legislation:C2024C00480
Segment Type: section
Provision Reference: s 129
Character Range: 146188–147754

129  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 GEMS Regulator is an authorised applicant in relation to the civil penalty provisions of this Act.

Relevant court
 (3) If a court is a relevant court for the purposes of this Act, then, for the purposes of Part 4 of the Regulatory Powers Act, the court is a relevant court in relation to the civil penalty provisions of this Act.

Exceptions etc. to civil penalty provisions—burden of proof
 (4) Section 96 (Exceptions etc. to civil penalty provisions—burden of proof) of the Regulatory Powers Act does not apply in relation to proceedings for a civil penalty order for a contravention of a civil penalty provision under Part 3 of this Act.

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.

Liability of Crown
 (6) To avoid doubt, subsection 7(2) does not prevent the Crown from being liable to pay a pecuniary penalty under a civil penalty order under Part 4 of the Regulatory Powers Act, as that Part applies in relation to this Act.

Division 3—Infringement notices