Document ID: chunk:federal_register_of_legislation:C2021A00009:clause:2_74ea
Version: federal_register_of_legislation:C2021A00009
Segment Type: clause
Provision Reference: sch 2 cl 74EA
Character Range: 19438–20910

74EA  Civil penalty provisions

Enforceable civil penalty provisions
 (1) The following civil penalty provisions are enforceable under Part 4 of the Regulatory Powers Act:
 (a) each civil penalty provision of this Act;
 (b) each civil penalty provision of Division 54 of the Aged Care Act.
Note: Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.

Authorised applicant
 (2) For the purposes of Part 4 of the Regulatory Powers Act, the Commissioner is an authorised applicant in relation to the provisions mentioned in subsection (1).

Relevant court
 (3) For the purposes of Part 4 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 Court of Australia;
 (c) a court of a State or Territory that has jurisdiction in relation to the matter.

Crown not liable to pecuniary penalty
 (4) Despite section 3 of this Act and section 4‑2 of the Aged Care Act, the Crown is not liable to a pecuniary penalty in relation to the provisions mentioned in subsection (1).

Extension to external Territories
 (5) Part 4 of the Regulatory Powers Act, as it applies in relation to the provisions mentioned in subsection (1), extends to the external Territories other than the Territory of Ashmore and Cartier Islands.