Document ID: chunk:federal_register_of_legislation:C2015A00150:clause:1_99
Version: federal_register_of_legislation:C2015A00150
Segment Type: clause
Provision Reference: sch 1 cl 99
Character Range: 133432–135165

99  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 Treasurer is an authorised applicant in relation to the civil penalty provisions of this Act.

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 Court of Australia;
 (c) a Supreme Court of a State or Territory.

Maximum penalties
 (4) Subsection 82(5) of the Regulatory Powers Act does not apply in relation to the following civil penalty provisions:
 (a) section 94 (acquisition of interests in residential land);
 (b) section 95 (acquisitions of established dwellings);
 (c) section 96 (contravening conditions relating to residential land);
 (d) subsection 102(2) (liability of officers of corporations authorising or permitting contraventions);
 (e) section 103 (civil penalties for officers of corporations failing to prevent contraventions).
Note: Subsections 94(4), 95(7), 96(4), 102(3) and 103(5) of this Act set the maximum penalties instead of subsection 82(5) of the Regulatory Powers Act.

Extension to external Territories
 (5) Part 4 of the Regulatory Powers Act, as it applies in relation to the civil penalty provisions of this Act, extends to every external Territory.