Document ID: chunk:federal_register_of_legislation:C2024A00098:section:79:p1
Version: federal_register_of_legislation:C2024A00098
Segment Type: section
Provision Reference: s 79 (pt 1/2)
Character Range: 119397–122122

79  Civil penalty provisions, enforceable undertakings and injunctions

Enforceable provisions
 (1) Each civil penalty provision of this Act, and each civil penalty provision of Division 1A of Part 6 of the Intelligence Services Act 2001, is enforceable:
 (a) under Part 4 of the Regulatory Powers Act (civil penalty provisions); and
 (b) Part 7 (injunctions) of the Regulatory Powers Act.
Note 1: 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.
Note 2: Part 7 of that Act creates a framework for using injunctions to enforce provisions.
 (2) The following provisions are enforceable under Part 6 (enforceable undertakings) of the Regulatory Powers Act:
 (a) each civil penalty provision of this Act, and each civil penalty provision of Division 1A of Part 6 of the Intelligence Services Act 2001;
 (b) sections 15 and 16 of this Act.
Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.

Authorised applicant
 (3) For the purposes of Parts 4 and 7 of the Regulatory Powers Act, each of the following persons is an authorised applicant in relation to the civil penalty provisions mentioned in subsection (1):
 (a) the Secretary;
 (b) a person who is appointed under subsection (4).
 (4) For the purposes of paragraph (3)(b), the Secretary may, by writing, appoint a person who:
 (a) is the chief executive officer (however described) of a designated Commonwealth body; or
 (b) is an SES employee, or an acting SES employee, in:
 (i) the Department; or
 (ii) a designated Commonwealth body; or
 (c) holds, or is acting in, a position in a designated Commonwealth body 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.
Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.

Authorised person
 (5) For the purposes of Part 6 of the Regulatory Powers Act, as that Part applies in relation to a provision mentioned in subsection (2), each of the following persons is an authorised person:
 (a) the Secretary;
 (b) a person who is appointed under subsection (6).
 (6) For the purposes of paragraph (5)(b), the Secretary may, by writing, appoint a person who is an SES employee, or an acting SES employee in:
 (a) the Department; or
 (b) a designated Commonwealth body.
Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.

Relevant court
 (7) For the