Document ID: chunk:federal_register_of_legislation:C2021A00032:clause:5_118
Version: federal_register_of_legislation:C2021A00032
Segment Type: clause
Provision Reference: sch 5 cl 118
Character Range: 87449–89009

118  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, an authorised officer 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 Chief Executive Officer is the relevant chief executive in relation to the provisions mentioned in subsection (1).
 (4) The Chief Executive Officer may, in writing, delegate the Chief Executive Officer's powers and functions under Part 5 of the Regulatory Powers Act as the relevant chief executive in relation to the provisions mentioned in subsection (1) to a member of the staff of TEQSA who is:
 (a) an SES employee or an acting SES employee; or
 (b) an APS employee who holds or performs the duties of an Executive Level 1 or 2 position or an equivalent position.
 (5) A person exercising powers or performing functions under a delegation under subsection (4) must comply with any directions of the Chief Executive Officer.

Extension to external Territories
 (6) 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.

Division 7—Enforceable undertakings