Document ID: chunk:federal_register_of_legislation:C2018C00435:clause:7_38
Version: federal_register_of_legislation:C2018C00435
Segment Type: clause
Provision Reference: sch 7 cl 38
Character Range: 65252–67827

38  Section 128
Omit:

      Division 2 allows a court to order a person to pay a pecuniary penalty for contravening a civil penalty provision of this Act.
      Division 3 allows GEMS inspectors to give infringement notices for alleged contraventions of civil penalty provisions of this Act. If a person does not pay an amount in accordance with the notice, the person may be required to pay a higher amount under a civil penalty order, or be subject to a criminal prosecution (if the alleged contravention also constitutes an offence).
      Division 4 deals with enforceable undertakings. If a person gives an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.
      Division 5 allows injunctions to be sought for contraventions, or potential contraventions, of this Act.
      Division 6 allows the GEMS Regulator to publicise details of enforcement action taken under this Part, including the names of persons in relation to whom the action has been taken. In addition, certain adverse decisions relating to the registration of models of GEMS products may be publicised, including the names of registrants.
substitute:

      Division 2 provides that a civil penalty provision of this Act is enforceable under Part 4 of the Regulatory Powers Act. A relevant court may order a person contravening a civil penalty provision to pay to the Commonwealth a pecuniary penalty.
      Division 3 provides that infringement notices under Part 5 of the Regulatory Powers Act may be issued for suspected contraventions of civil penalty provisions of this Act. Such a notice allows a person to pay an amount as an alternative to having court proceedings brought against the person for the contravention.
      Division 4 provides that undertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act. If a person gives such an undertaking, the undertaking may be enforced by a court order.
      Division 5 provides that injunctions (including interim injunctions) under Part 7 of the Regulatory Powers Act may be used to restrain a person from contravening a provision of this Act or to compel compliance with a provision of this Act.
      Division 6 allows the GEMS Regulator to publicise details of enforcement action taken under the Regulatory Powers Act, including the names of persons in relation to whom the action has been taken. In addition, certain adverse decisions relating to the registration of models of GEMS products may be publicised, including the names of registrants.