Document ID: chunk:federal_register_of_legislation:C2004A01357:clause:1_17
Version: federal_register_of_legislation:C2004A01357
Segment Type: clause
Provision Reference: sch 1 cl 17
Character Range: 5867–7140

17  Subsections 11(2) and (3)
Repeal the subsections, substitute:

 (2) Nothing in this Act has the effect of making the Commonwealth or a Commonwealth authority (other than a Government business enterprise):
 (a) liable to be prosecuted for an offence; or
 (b) liable to pay any fine or penalty under the Act or the regulations, other than as mentioned in subsection (3).

 (3) Subsection (2) does not prevent the Commonwealth or a Commonwealth authority from being:
 (a) subject to proceedings for a contravention of subclause 2(1) of Schedule 2; or
 (b) liable to pay a pecuniary penalty under subclause 4(1) of Schedule 2.

Note: A court may also grant an injunction under clause 14 of Schedule 2, make remedial orders under clause 15 of Schedule 2 or enforce undertakings under clause 16 of Schedule 2.

 (4) Subsection (2) does not prevent the following:
 (a) a person who is employed by the Commonwealth;
 (b) a person who is employed by a Commonwealth authority (including a Government business enterprise);
 (c) a Government business enterprise;
from being:
 (d) subject to proceedings for a contravention of subclause 2(1) of Schedule 2; or
 (e) liable to be prosecuted for an offence; or
 (f) liable to pay any fine or penalty under the Act or the regulations.