Document ID: chunk:federal_register_of_legislation:C2025C00122:section:59:p25
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 59 (pt 25/26)
Character Range: 546602–549399

notice must specify:
 (a) the person or persons assisting the Secretary in the conduct of the review (as mentioned in subsection 95BA‑4(1)) who will be asking the questions; and
 (b) the time or times at which, and the means by which, the questions are to be asked and answered.
 (3) The time, or the earliest time, specified under paragraph (2)(b) must be at least 14 days after the notice is given.
 (4) The approved provider must comply with the notice.
Civil penalty: 30 penalty units.

95BA‑7  Duty to provide all reasonable facilities and assistance
  An approved provider that is a *corporation to which an *assurance review relates must provide the person conducting the review, and any individuals assisting that person, with all reasonable facilities and assistance necessary for the effective exercise of the person's duties in relation to the review.
Civil penalty: 30 penalty units.

95BA‑8  Request for information or documents
 (1) If the Secretary reasonably believes that a person (including an approved provider that is not a *corporation) has information or documents relevant to the subject matter of an *assurance review, the Secretary may request the person to give the Secretary any such information or documents (or copies of any such documents).
 (2) The person is not required to comply with the request.

Chapter 7—Miscellaneous

Division 95C—Civil penalties

95C‑1  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 Secretary 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;
 (b) the Federal Circuit and Family Court of Australia (Division 2);
 (c) a court of a State or Territory that has jurisdiction in relation to the matter.

This section does not apply to Division 54
 (4) This section does not apply to a *civil penalty provision in Division 54.
Note: For enforcement of the civil penalty provisions in Division 54, see Part 8A of the Quality and Safety Commission Act.

Division 96—Miscellaneous

96‑1  Principles
  The Minister may, by legislative instrument, make Principles, specified in the second column of the table, providing for matters:
 (a) required or permitted by the corresponding Part or section of