Contents
- Enforceable civil penalty provisions
- (1) Each civil penalty provision of this Act is enforceable un…
- Authorised applicant
- (2) For the purposes of Part 4 of the Regulatory Powers Act:
- Relevant court
- (5) For the purposes of Part 4 of the Regulatory Powers Act, e…
- Maximum penalties
- (6) Despite subsection 82(5) of the Regulatory Powers Act, the…
- Extension to external Territories
- (7) Part 4 of the Regulatory Powers Act, as that Part applies…
117Civil penalty provisions#
Enforceable civil penalty provisions
(1)Each civil penalty provision of this Act is enforceable under Part 4 of the Regulatory Powers 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:
(a)each of the following persons is an authorised applicant in relation to the civil penalty provisions of this Act (except a civil penalty provision of Part 5A):
(i)a Commissioner;
(ii)the Chief Executive Officer; and
(b)the Higher Education Tuition Protection Director is an authorised applicant in relation to the civil penalty provisions of Part 5A.
Note: For delegation by the Chief Executive Officer, see subsection 154L(2).
Relevant court
(5)For the purposes of Part 4 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the civil penalty provisions of this Act:
(a)the Federal Court;
(b)the Federal Circuit and Family Court of Australia (Division 2).
Maximum penalties
(6)Despite subsection 82(5) of the Regulatory Powers Act, the pecuniary penalty in relation to a contravention of a civil penalty provision of this Act (except subsection 114A(3) or 114B(2)) must not be more than the applicable pecuniary penalty specified for the provision.
Note: If a court is satisfied that a body corporate has contravened subsection 114A(3) or 114B(2) of this Act (about academic cheating services), under subsection 82(5) of the Regulatory Powers Act the court may determine a pecuniary penalty not exceeding an amount equal to 5 times the pecuniary penalty specified for the civil penalty provision.
Extension to external Territories
(7)Part 4 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions of this Act, extends to every external Territory.
Sourced from the Federal Register of Legislation at legislation.gov.au, © Commonwealth of Australia, licensed under CC BY 4.0. Compilations may have been reformatted.