Document ID: chunk:federal_register_of_legislation:F2024L01588:reg:6:p24
Version: federal_register_of_legislation:F2024L01588
Segment Type: reg
Provision Reference: reg 6 (pt 24/28)
Character Range: 213153–216098

(c) the Supreme Court of a State or Territory.

Part 3—Infringement notices

5.4  Infringement notices

Provisions subject to an infringement notice
 (1) The following provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act:
 (a) subsection 2.46A(2);
 (b) subsection 2.47(2);
 (c) subsection 3.17(3);
 (d) subsection 3.20(3);
 (e) subsection 4.20(2);
 (f) subsection 4.20(4);
 (g) subsection 4.27(1);
 (h) subsection 4.27(4);
 (i) subsection 4.27(5);
 (j) subsection 4.27(7);
 (k) subsection 4.28(1).
Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.

Infringement officers
 (2) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1):
 (a) the Chief Executive Officer of NOPSEMA;
 (b) a NOPSEMA inspector.

Relevant chief executive
 (3) For the purposes of Part 5 of the Regulatory Powers Act, the relevant chief executive in relation to an infringement notice is the Chief Executive Officer of NOPSEMA.

Part 4—Enforceable undertakings

5.5  Enforceable undertakings

Enforceable provisions
 (1) The following provisions are enforceable under Part 6 of the Regulatory Powers Act:
 (a) each offence provision of this instrument;
 (b) each civil penalty provision of this instrument.
Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.

Authorised person
 (2) For the purposes of Part 6 of the Regulatory Powers Act, the Chief Executive Officer of NOPSEMA is an authorised person in relation to the provisions mentioned in subsection (1).

When undertaking must not be accepted
 (3) The Chief Executive Officer of NOPSEMA must not accept an undertaking that was given by a person (the first person) under section 114 of the Regulatory Powers Act in response to an alleged contravention of an offence provision of this instrument if:
 (a) the alleged contravention contributed, or may have contributed, to the death of another person; or
 (b) the alleged contravention involved recklessness (within the meaning of the Criminal Code); or
 (c) during the previous 5 years, the first person has been convicted of an offence provision of this instrument that contributed to the death of another person.
 (4) Subsection (3) does not apply if there are exceptional circumstances.

Relevant court
 (5) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):
 (a) the Federal Court;
 (b) the Federal Circuit and Family Court of Australia (Division 2);
 (c) the Supreme Court of a State or Territory.

5.6  Publication of enforceable undertakings
 (1) If:
 (a) a person has given an undertaking under section 114 of the Regulatory