Document ID: chunk:federal_register_of_legislation:C2024C00480:section:128
Version: federal_register_of_legislation:C2024C00480
Segment Type: section
Provision Reference: s 128
Character Range: 144653–146188

128  Guide to this Part

      This Part provides for a range of actions to be taken to enforce this Act.
      Division 2 provides that a civil penalty provision of this Act is enforceable under Part 4 of the Regulatory Powers Act. A relevant court may order a person contravening a civil penalty provision to pay to the Commonwealth a pecuniary penalty.
      Division 3 provides that infringement notices under Part 5 of the Regulatory Powers Act may be issued for suspected contraventions of civil penalty provisions of this Act. Such a notice allows a person to pay an amount as an alternative to having court proceedings brought against the person for the contravention.
      Division 4 provides that undertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act. If a person gives such an undertaking, the undertaking may be enforced by a court order.
      Division 5 provides that injunctions (including interim injunctions) under Part 7 of the Regulatory Powers Act may be used to restrain a person from contravening a provision of this Act or to compel compliance with a provision of this Act.
      Division 6 allows the GEMS Regulator to publicise details of enforcement action taken under the Regulatory Powers Act, including the names of persons in relation to whom the action has been taken. In addition, certain adverse decisions relating to the registration of models of GEMS products may be publicised, including the names of registrants.

Division 2—Civil penalties