Division 4—Infringement notices

Provisions subject to an infringement notice

• (1) A civil penalty provision of this Act or of Division 1A of Part 6 of the Intelligence Services Act 2001 is subject to an infringement notice under Part 5 of the Regulatory Powers Act.

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 person authorised under subsection (3) is an infringement officer in relation to the civil penalty provisions mentioned in subsection (1).
• (3) The Secretary may, by writing, authorise a person who:
• (a) is an SES employee, or an acting SES employee, in:
  • (i) the Department; or
  • (ii) a designated Commonwealth body; or
• (b) 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 infringement officer in relation to the civil penalty provisions mentioned in subsection (1).

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

Relevant chief executive

• (4) For the purposes of Part 5 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to the civil penalty provisions mentioned in subsection (1).
• (5) The relevant chief executive may, in writing, delegate any or all of the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act to 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.

• (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.

Liability of Crown

• (7) Part 5 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 be given an infringement notice.
• (8) The protection in subsection (7) does not apply to an authority of the Crown.