Document ID: chunk:federal_register_of_legislation:C2024C00844:section:100:p2
Version: federal_register_of_legislation:C2024C00844
Segment Type: section
Provision Reference: s 100 (pt 2/2)
Character Range: 290863–293412

a kind prescribed by the regulations;
the Registrar'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).
 (4C) In exercising powers or performing functions delegated under subsection (4A), (4B) or (4BA), a delegate must comply with any directions of the delegator.
 (5) Subparagraphs 104(1)(e)(ii) and (iii), and subsections 104(2) and (3), of the Regulatory Powers Act do not apply in relation to an infringement notice given in relation to an alleged contravention of:
 (a) for subparagraphs 104(1)(e)(ii) and (iii) of the Regulatory Powers Act—the following provisions of this Act:
 (i) subsection 89(1) (contravening orders under Part 3);
 (ii) subsections 91(1) and (2) (failing to give notice);
 (iii) subsection 92(1) (taking action before end of period);
 (iv) section 92A (taking action while prohibited by this Act);
 (v) subsections 93(1), (4) and (7) (contravening conditions);
 (vi) section 94 (acquisition of interests in residential land);
 (vii) section 95 (acquisition of interests in established dwellings);
 (viii) section 96 (contravening conditions in relation to residential land);
 (ix) section 98A (contravening directions and interim directions);
 (x) section 98B (false or misleading information and documents);
 (xi) sections 98C, 98D and 98E (failure to notify);
 (xii) subsection 115DA(1) (vacancy fee liability—false or misleading vacancy fee return); and
 (b) for subsection 104(2) or (3) of the Regulatory Powers Act—the provisions mentioned in paragraphs (1)(a), (b), (ba), (c) and (d) of this section.
 (6) The amount to be stated in an infringement notice for the purposes of paragraph 104(1)(f) of the Regulatory Powers Act for the alleged contravention of a civil penalty provision mentioned in subsection (1) of this section is:
 (a) for a tier 1 infringement notice (see subsection 101(1)):
 (i) given to an individual—12 penalty units; and
 (ii) given to a corporation—60 penalty units; and
 (b) for a tier 2 infringement notice (see subsection 101(2)):
 (i) given to an individual—60 penalty units; and
 (ii) given to a corporation—300 penalty units; and
 (c) for a tier 3 infringement notice (see subsection 101(4)):
 (i) given to an individual—300 penalty units; and
 (ii) given to a corporation—1,500 penalty units.

Extension to external Territories
 (7) Part 5 of the Regulatory Powers Act, as it applies in relation to the provisions mentioned in subsection (1), extends to every external Territory.