Commonwealth Consolidated Acts Commonwealth Consolidated ActsThe Governor - General may make regulations prescribing matters:
(a) required or permitted to be prescribed by this Act; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
This Act creates a framework for each of the following:
(a) monitoring whether provisions of an Act or a legislative instrument have been, or are being, complied with;
(b) monitoring whether information given in compliance, or purported compliance, with a provision of an Act or a legislative instrument is correct;
(ba) monitoring other matters to which an Act or legislative instruments relates;
(c) gathering material that relates to the contravention of an offence provision or a civil penalty provision;
(d) the use of civil penalties to enforce provisions;
(e) the use of infringement notices where there is a reasonable belief that a provision has been contravened;
(f) the acceptance and enforcement of undertakings relating to compliance with provisions;
(g) the use of injunctions to enforce provisions.
A provision of an Act or a legislative instrument is not subject to monitoring, investigation or enforcement under this Act by force of this Act. This Act must be triggered by another Act.
This Part creates a framework for:
(a) monitoring whether provisions of an Act or a legislative instrument have been, or are being, complied with; and
(b) monitoring whether information given in compliance, or purported compliance, with a provision of an Act or a legislative instrument is correct; and
(c) monitoring other matters to which an Act or a legislative instrument relates.
For this Part to operate, a provision, information or a matter must be made subject to monitoring under this Part. This is to be done by another Act.
An authorised person may enter premises for the purpose of monitoring.
Entry must be with the consent of the occupier of the premises or under a monitoring warrant.
An authorised person who enters premises may exercise monitoring powers. The authorised person may be assisted by other persons if that assistance is necessary and reasonable and another Act empowers the authorised person to do so.
An occupier's consent to an authorised person entering premises for the purposes of monitoring must be voluntary. Authorised persons must abide by the terms of that consent.
An authorised person who enters premises under a monitoring warrant must give details of the warrant to the occupier of the premises.
The occupier of the premises may observe the execution of a monitoring warrant and must provide reasonable facilities and assistance for the effective execution of the warrant.
This Part creates a framework for gathering material that relates to the contravention of offence provisions and civil penalty provisions.
For this Part to operate, an offence provision or a civil penalty provision must be made subject to investigation under this Part. This is to be done by another Act.
An authorised person may enter premises if the authorised person suspects on reasonable grounds that there may be material on the premises related to the contravention of an offence provision or a civil penalty provision that is subject to investigation under this Part.
Entry must be with the consent of the occupier of the premises or under an investigation warrant.
An authorised person who enters premises may exercise investigation powers. The authorised person may be assisted by other persons if that assistance is necessary and reasonable and another Act empowers the authorised person to do so.
An occupier's consent to an authorised person entering premises for the purposes of investigation must be voluntary. Authorised persons must abide by the terms of that consent.
An authorised person who enters premises under an investigation warrant must give details of the warrant to the occupier of the premises.
The occupier of the premises may observe the execution of an investigation warrant and must provide reasonable facilities and assistance for the effective execution of the warrant.
This Part creates a framework for the use of civil penalties to enforce civil penalty provisions.
For this Part to operate for the purposes of that framework, a civil penalty provision must be made enforceable under this Part. This is done by another Act.
Civil penalty orders may be sought from a court in relation to contraventions of civil penalty provisions.
This Part also contains some rules of general application in relation to civil penalty provisions (such as the state of mind that must be proved and the defence of mistake of fact).
This Part creates a framework for the use of infringement notices where an infringement officer reasonably believes that a provision has been contravened.
For this Part to operate, a provision must be made subject to an infringement notice under this Part. This is to be done by another Act.
A person can be given an infringement notice in relation to a contravention of a provision that is subject to an infringement notice under this Part. The provision may be a strict liability offence provision or a civil penalty provision, or both.
A person who is given an infringement notice can choose to pay an amount as an alternative to having court proceedings brought against the person for a contravention of a provision subject to an infringement notice under this Part. If the person does not choose to pay the amount, proceedings can be brought against the person in relation to the contravention.
This Part creates a framework for accepting and enforcing undertakings relating to compliance with provisions.
For this Part to operate, a provision must be made enforceable under this Part. This is to be done by another Act.
An authorised person may accept an undertaking relating to compliance with a provision that is enforceable under this Part.
The undertaking may be enforced in a relevant court.
The orders that may be made by a relevant court include an order directing compliance, an order requiring any financial benefit from the failure to comply to be surrendered and an order for damages.
This Part creates a framework for using injunctions to enforce provisions.
For this Part to operate, a provision must be made enforceable under this Part. This is to be done by another Act.
Injunctions may be used to restrain a person from contravening a provision enforceable under this Part, or to compel compliance with such a provision.
An interim injunction is available.