Document ID: chunk:federal_register_of_legislation:C2025C00140:clause:1_7:p5
Version: federal_register_of_legislation:C2025C00140
Segment Type: clause
Provision Reference: sch 1 cl 7 (pt 5/10)
Character Range: 619053–621731

executive; and
 (f) each *applicable court is a relevant court.
 (3) An authorised person may be assisted by other persons in exercising powers or performing functions or duties under Part 3 of the *Regulatory Powers Act in relation to this Act (other than Schedule 1A).

215‑15  Civil penalty provisions
 (1) Each *civil penalty provision of this Act (other than Schedule 1A) is enforceable under Part 4 of the *Regulatory Powers Act.
Note 1: 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.
Note 2: Schedule 1A of this Act contains separate monitoring and investigation powers in relation to matters dealt with in that Schedule: see Subdivision 5A‑A of that Schedule.
 (2) For the purposes of Part 4 of the *Regulatory Powers Act as it applies in relation to the provisions mentioned in subsection (1):
 (a) each of the following is an authorised applicant:
 (i) the *Secretary;
 (ii) an SES employee, or an acting SES employee, in the Department; and
 (b) each *applicable court is a relevant court.
 (3) For the purposes of Part 4 of the *Regulatory Powers Act as it applies in relation to Part 5‑1A of this Act, the *Higher Education Tuition Protection Director is an authorised applicant.

215‑20  Infringement notices
 (1) A *civil penalty provision of this Act (other than Schedule 1A) is subject to an infringement notice under Part 5 of the *Regulatory Powers Act.
Note 1: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.
Note 2: Schedule 1A of this Act contains separate monitoring and investigation powers in relation to matters dealt with in that Schedule: see Subdivision 5A‑B of that Schedule.
 (2) For the purposes of Part 5 of the *Regulatory Powers Act as it applies in relation to the provisions mentioned in subsection (1):
 (a) each of the following is an infringement officer:
 (i) a member of the staff of TEQSA (within the meaning of the *TEQSA Act) who is an SES employee or an acting SES employee;
 (ii) a member of the staff of TEQSA (within the meaning of the *TEQSA Act) who is an APS employee who holds or performs the duties of an Executive Level 2 position or an equivalent position;
 (iii) an SES employee, or an acting SES employee, in the Department; and
 (b) the relevant chief executive is:
 (i) for an infringement notice given by an infringement officer covered by subparagraph (a)(i) or (ii)—the Chief Executive Officer of *TEQSA; or
 (ii) for an infringement notice given by an infringement officer covered by subparagraph (a)(iii)—the