Document ID: chunk:federal_register_of_legislation:C2024C00480:section:130
Version: federal_register_of_legislation:C2024C00480
Segment Type: section
Provision Reference: s 130
Character Range: 147754–150023

130  Infringement notices

Provisions subject to an infringement notice
 (1) A civil penalty provision of this Act is subject to an infringement notice under Part 5 of the Regulatory Powers Act.
Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.

Infringement officer
 (2) For the purposes of Part 5 of the Regulatory Powers Act, a GEMS inspector is an infringement officer in relation to the provisions mentioned in subsection (1).

Relevant chief executive
 (3) For the purposes of Part 5 of the Regulatory Powers Act, the GEMS Regulator is the relevant chief executive in relation to the provisions mentioned in subsection (1).
 (4) The GEMS Regulator may, by writing, delegate one or more of the GEMS Regulator's powers or functions as the relevant chief executive under Part 5 of the Regulatory Powers Act, in relation to the provisions mentioned in subsection (1), to an officer or employee of an agency (however described) of the Commonwealth, a State or a Territory.
 (5) However, the GEMS Regulator must not delegate a power or function, under subsection (4), to an officer or employee of an agency of a State or Territory without the agreement of the State or Territory.
 (6) A delegate of the GEMS Regulator is subject to the GEMS Regulator's directions while exercising the delegate's delegated powers and functions.

Additional matters to be included in infringement notices
 (7) In addition to the matters included in subsection 104(1) of the Regulatory Powers Act, an infringement notice given in relation to an alleged contravention of a provision mentioned in subsection (1) must also state that the giving of the notice and the payment of the amount payable under the notice may be publicised under section 162 of this Act.

Extension to external Territories
 (8) Part 5 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), extends to every external Territory.

Liability of Crown
 (9) To avoid doubt, subsection 7(2) does not prevent the Crown from being liable to be given an infringement notice under Part 5 of the Regulatory Powers Act, as that Part applies in relation to this Act.

Division 4—Enforceable undertakings