Document ID: chunk:federal_register_of_legislation:C2024C00118:section:79
Version: federal_register_of_legislation:C2024C00118
Segment Type: section
Provision Reference: s 79
Character Range: 92346–93434

79  Enforceable civil penalty provisions
 (1) A provision is enforceable under this Part if:
 (a) it is a civil penalty provision, as defined in subsection (2); and
 (b) an Act provides that the civil penalty provision is enforceable under this Part.
 (2) A provision of an Act or a legislative instrument is a civil penalty provision if:
 (a) either:
 (i) the provision sets out at its foot a pecuniary penalty, or penalties, indicated by the words "Civil penalty"; or
 (ii) another provision of an Act or a legislative instrument provides that the provision is a civil penalty provision, or that a person is liable to a civil penalty if the person contravenes the provision; and
 (b) the provision is:
 (i) a subsection, or a section that is not divided into subsections; or
 (ii) a subregulation, or a regulation that is not divided into subregulations; or
 (iii) a subclause (however described) of a Schedule to an Act or of a legislative instrument; or
 (iv) a clause (however described) of a Schedule to an Act, or of a legislative instrument, that is not divided into subclauses.