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Part 5—Enforcement

Part 5 Enforcement

Division 1 Simplified outline of this Part

48   Simplified outline of this Part

Civil penalty orders may be sought under Part 4 of the Regulatory Powers Act in relation to contraventions of civil penalty provisions of this Act.

Undertakings to comply with civil penalty provisions of this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act.

Injunctions under Part 7 of that Act may be used to restrain a person from contravening a civil penalty provision of this Act or to compel compliance with a civil penalty provision of this Act.

Division 2 Civil penalties, enforceable undertakings and injunctions

49   Civil penalties, enforceable undertakings and injunctions

Enforceable provisions

             (1)  Each civil penalty provision of this Act is enforceable under:

                     (a)  Part 4 of the Regulatory Powers Act (civil penalty provisions); and

                     (b)  Part 6 of that Act (enforceable undertakings); and

                     (c)  Part 7 of that Act (injunctions).

Note 1:       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.

Note 2:       Part 6 of that Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.

Note 3:       Part 7 of that Act creates a framework for using injunctions to enforce provisions.

Authorised applicant

             (2)  For the purposes of Part 4 of the Regulatory Powers Act, as that Part applies in relation to a civil penalty provision of this Act, each of the following is an authorised applicant:

                     (a)  the Minister;

                     (b)  the Secretary.

Authorised person

             (3)  For the purposes of Parts 6 and 7 of the Regulatory Powers Act, as those Parts apply in relation to a civil penalty provision of this Act, each of the following is an authorised person:

                     (a)  the Minister;

                     (b)  the Secretary.

Relevant court

             (4)  For the purposes of Parts 4, 6 and 7 of the Regulatory Powers Act, as those Parts apply in relation to a civil penalty provision of this Act, each of the following is a relevant court:

                     (a)  the Federal Court of Australia;

                     (b)  the Federal Circuit Court of Australia;

                     (c)  a court of a State or Territory that has jurisdiction in relation to matters arising under this Act.

Extension outside Australia

             (5)  Parts 4, 6 and 7 of the Regulatory Powers Act, as those Parts apply in relation to a civil penalty provision of this Act, extends outside Australia (including to every external Territory).