Document ID: chunk:federal_register_of_legislation:C2025C00133:section:33
Version: federal_register_of_legislation:C2025C00133
Segment Type: section
Provision Reference: s 33
Character Range: 96309–98486

33  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 Regulator 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 relevant court (as defined in section 5 of this Act) is a relevant court in relation to the civil penalty provisions of this Act.

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

Mistake of fact—bodies corporate
 (5) A body corporate can only rely on section 95 of the Regulatory Powers Act (mistake of fact) in respect of conduct that would, apart from this section, constitute a contravention on its part of a civil penalty provision of this Act if:
 (a) the employee, agent or officer of the body corporate who carried out the conduct was under a mistaken but reasonable belief about facts that, had they existed, would have meant that the conduct would not have contravened the civil penalty provision; and
 (b) the body corporate proves that it exercised due diligence to prevent the conduct.
 (6) A failure to exercise due diligence may be evidenced by the fact that the prohibited conduct was substantially attributable to:
 (a) inadequate corporate management, control or supervision of the conduct of one or more of its employees, agents or officers; or
 (b) failure to provide adequate systems for conveying relevant information to relevant persons in the body corporate.

Extension to external Territories etc.
 (7) 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.