Commonwealth Consolidated Acts

IMPORTED FOOD CONTROL ACT 1992 - SECT 25

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)   a strict liability offence against this Act;

  (b)   a civil penalty provision of this 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, each of the following authorised officers is an infringement officer in relation to the provisions mentioned in subsection   (1):

  (a)   the Secretary;

  (b)   an APS employee in the Department appointed by the Secretary under subsection   40(1).

Relevant chief executive

  (3)   For the purposes of Part   5 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to the provisions mentioned in subsection   (1).

  (4)   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 in relation to the provisions mentioned in subsection   (1).

  (5)   A person exercising powers or performing functions under a delegation under subsection   (4) must comply with any directions of the Secretary.

Extension to external Territories

  (6)   Part   5 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection   (1), extends to any external Territory to which this Act extends because of regulations made for the purpose of section   4.

Liability of Crown

  (7)   Part   5 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection   (1), does not make the Crown liable to be given an infringement notice.