Commonwealth Consolidated Acts

MY HEALTH RECORDS ACT 2012 - SECT 79

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, the Information Commissioner is an authorised applicant in relation to the civil penalty provisions of this Act.

Relevant court

  (3)   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 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.

Extension to external Territories

  (4)   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.

Liability of the Crown

  (5)   Part   4 of the Regulatory Powers Act, as that Part applies in relation the civil penalty provisions of this Act, does not make the Crown liable to a pecuniary penalty.