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NATIONAL REDRESS SCHEME FOR INSTITUTIONAL CHILD SEXUAL ABUSE ACT 2018 - SECT 190

Civil 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, each of the following persons is an authorised applicant in relation to the civil penalty provisions of this Act:

  (a)   the Operator;

  (b)   an SES employee, or an acting SES employee, in the Department or the Human Services Department.

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).

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.

The Crown

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


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