Document ID: chunk:federal_register_of_legislation:C2025C00099:section:2
Version: federal_register_of_legislation:C2025C00099
Segment Type: section
Provision Reference: s 2
Character Range: 176111–177951

2                      Secretary of the Department  (a) subsection 41A(1);
                                                    (b) section 76;
                                                    (c) section 76A;
                                                    (d) subsection 78A(1);
                                                    (e) subsection 78A(2);
                                                    (f) subsection 78C(1);
                                                    (g) subsection 78C(4);
                                                    (h) subsection 78D(1).

 (2A) The Secretary of the Department may, in writing, delegate the Secretary's powers and functions under Part 4 of the Regulatory Powers Act in relation to the provisions mentioned in item 2 of the table in subsection (2) to an SES employee, or acting SES employee, in the Department.
 (2B) A person exercising powers or performing functions under a delegation under subsection (2A) must comply with any directions of the Secretary of the Department.

Relevant court
 (3) 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 of Australia;
 (b) the Federal Circuit and Family Court of Australia (Division 2);
 (c) a court of a State or Territory that has jurisdiction in relation to the matter.

Extension to external Territories
 (4) 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 the Crown
 (5) Part 4 of the Regulatory Powers Act, as that Part applies in relation the civil penalty provisions of this Act, does not make the Crown liable to a pecuniary penalty.

Division 1A—Infringement notices