Document ID: chunk:federal_register_of_legislation:C2024C00844:section:100:p1
Version: federal_register_of_legislation:C2024C00844
Segment Type: section
Provision Reference: s 100 (pt 1/2)
Character Range: 288253–291121

100  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) the provisions of Division 3 (civil penalties);
 (b) subsection 115D(1) (vacancy fee liability—vacancy fee return);
 (ba) subsection 115DA(1) (vacancy fee liability—false or misleading vacancy fee return);
 (c) subsection 115G(1) (vacancy fee liability—requirement to keep records);
 (d) section 130ZV (civil penalty for failing to give notice to Registrar).
Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.

Infringement officer
 (2) For the purposes of Part 5 of the Regulatory Powers Act:
 (a) a person appointed under subsection (3) is an infringement officer in relation to the provisions mentioned in subsection (1) (including section 130ZV); and
 (b) a person appointed under subsection (3A) is an infringement officer in relation to section 130ZV.
 (3) The Secretary may, in writing, appoint a person who holds, or performs the duties of, an APS 6 position, or an equivalent or higher position, within the Department or the Australian Taxation Office.
 (3A) The Registrar may, in writing, appoint a person of a kind prescribed by the regulations.

Relevant chief executive
 (4) For the purposes of Part 5 of the Regulatory Powers Act:
 (a) each of the Secretary and the Commissioner of Taxation is the relevant chief executive in relation to the provisions mentioned in subsection (1) (other than section 130ZV); and
 (b) each of the Secretary, the Commissioner of Taxation and the Registrar is the relevant chief executive in relation to section 130ZV.
 (4A) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary'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).
 (4B) The Commissioner of Taxation may, in writing, delegate to an SES employee, or acting SES employee, in the Australian Taxation Office the Commissioner'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).
 (4BA) The Registrar may, in writing, delegate to:
 (a) any person to whom the Registrar may delegate any of the Registrar's other functions, as a kind of body or person mentioned in the definition of eligible Registrar appointee in section 4, under a law of the Commonwealth; or
 (b) any person of 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