Division 2—Civil penalty provisions, enforceable undertakings and injunctions

Enforceable provisions

• (1) Each civil penalty provision of this Act, and each civil penalty provision of Division 1A of Part 6 of the Intelligence Services Act 2001, is enforceable:
• (a) under Part 4 of the Regulatory Powers Act (civil penalty provisions); and
• (b) Part 7 (injunctions) of the Regulatory Powers Act.

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 7 of that Act creates a framework for using injunctions to enforce provisions.

• (2) The following provisions are enforceable under Part 6 (enforceable undertakings) of the Regulatory Powers Act:
• (a) each civil penalty provision of this Act, and each civil penalty provision of Division 1A of Part 6 of the Intelligence Services Act 2001;
• (b) sections 15 and 16 of this Act.

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

Authorised applicant

• (3) For the purposes of Parts 4 and 7 of the Regulatory Powers Act, each of the following persons is an authorised applicant in relation to the civil penalty provisions mentioned in subsection (1):
• (a) the Secretary;
• (b) a person who is appointed under subsection (4).
• (4) For the purposes of paragraph (3)(b), the Secretary may, by writing, appoint a person who:
• (a) is the chief executive officer (however described) of a designated Commonwealth body; or
• (b) is an SES employee, or an acting SES employee, in:
  • (i) the Department; or
  • (ii) a designated Commonwealth body; or
• (c) holds, or is acting in, a position in a designated Commonwealth body that is equivalent to, or higher than, a position occupied by an SES employee;

to be an authorised applicant for the purposes of Part 4 of the Regulatory Powers Act.

Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.

Authorised person

• (5) For the purposes of Part 6 of the Regulatory Powers Act, as that Part applies in relation to a provision mentioned in subsection (2), each of the following persons is an authorised person:
• (a) the Secretary;
• (b) a person who is appointed under subsection (6).
• (6) For the purposes of paragraph (5)(b), the Secretary may, by writing, appoint a person who is an SES employee, or an acting SES employee in:
• (a) the Department; or
• (b) a designated Commonwealth body.

Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.

Relevant court

• (7) For the purposes of Parts 4, 6 and 7 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsections (1) and (2):
• (a) the Federal Court of Australia;
• (b) the Federal Circuit and Family Court of Australia (Division 2);
• (c) a court of a State or Territory that has jurisdiction in relation to the matter.

Liability of Crown

• (8) Part 4 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions mentioned in subsection (1), does not make the Crown liable to a pecuniary penalty.
• (9) The protection in subsection (8) does not apply to an authority of the Crown.