Document ID: chunk:federal_register_of_legislation:C2021A00124:clause:1_56
Version: federal_register_of_legislation:C2021A00124
Segment Type: clause
Provision Reference: sch 1 cl 56
Character Range: 135324–137423

56  Subsections 49(2) and (3)
Repeal the subsections, substitute:

Authorised applicant
 (2) For the purposes of Part 4 of the Regulatory Powers Act, as that Part applies in relation to a civil penalty provision of this Act, each of the following persons is an authorised applicant:
 (a) the Secretary;
 (b) a person who is appointed under subsection (3).
 (3) The Secretary may, by writing, appoint a person who:
 (a) is the chief executive officer (however described) of a relevant Commonwealth regulator; or
 (b) is an SES employee, or an acting SES employee, in:
 (i) the Department; or
 (ii) a relevant Commonwealth regulator; or
 (c) holds, or is acting in, a position in a relevant Commonwealth regulator that is equivalent to, or higher than, a position occupied by an SES employee;
to be an authorised applicant for the purposes of Part 4 of the Regulatory Powers Act, as that Part applies in relation to a civil penalty provision of this Act.
Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.

Authorised person
 (3A) For the purposes of Parts 6 and 7 of the Regulatory Powers Act, as those Parts apply in relation to a civil penalty provision of this Act, each of the following persons is an authorised applicant:
 (a) the Secretary;
 (b) a person who is appointed under subsection (3B).
 (3B) The Secretary may, by writing, appoint a person who:
 (a) is the chief executive officer (however described) of a relevant Commonwealth regulator; or
 (b) is an SES employee, or an acting SES employee, in:
 (i) the Department; or
 (ii) a relevant Commonwealth regulator; or
 (c) holds, or is acting in, a position in a relevant Commonwealth regulator that is equivalent to, or higher than, a position occupied by an SES employee;
to be an authorised applicant for the purposes of Parts 6 and 7 of the Regulatory Powers Act, as those Parts apply in relation to a civil penalty provision of this Act.
Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.