Document ID: chunk:federal_register_of_legislation:C2024C00859:section:11k:p2
Version: federal_register_of_legislation:C2024C00859
Segment Type: section
Provision Reference: s 11K (pt 2/2)
Character Range: 128005–129821

limiting paragraph (1)(b), regulations made for the purposes of that paragraph may do any or all of the following:
 (a) prescribe offences, the penalties for which do not exceed 30 penalty units;
 (b) prescribe civil penalty provisions, the penalties for which do not exceed 30 penalty units;
 (c) provide for suspension or cancellation of recognition of compliance;
 (d) provide that, if a family report writer is not recognised, or if recognition of a family report writer's compliance is suspended or cancelled, the court must not have regard to designated family reports prepared by the family report writer;
 (e) prohibit the preparation of designated family reports by family report writers who are not recognised.
 (5) Each civil penalty provision prescribed by regulations made for the purposes of this section (a Part IIIAA civil penalty provision) is enforceable under Part 4 of the Regulatory Powers Act.

Authorised applicant
 (6) For the purposes of Part 4 of the Regulatory Powers Act, each of the following persons is an authorised applicant in relation to the Part IIIAA civil penalty provisions:
 (a) each regulator;
 (b) the Secretary of the Department.
 (7) The Secretary of the Department may, in writing, delegate the Secretary's powers and functions under Part 4 of the Regulatory Powers Act in relation to the Part IIIAA civil penalty provisions to an SES employee, or an acting SES employee, in the Department.

Relevant court
 (8) For the purposes of Part 4 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the Part IIIAA civil penalty provisions:
 (a) the Federal Court of Australia;
 (b) the Federal Circuit and Family Court of Australia;
 (c) a court of a State or Territory that has jurisdiction in relation to matters arising under this Act.