Commonwealth Consolidated Acts

ROAD VEHICLE STANDARDS ACT 2018 - SECT 54

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 and relevant court

  (2)   For the purposes of Part   4 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions of this Act:

  (a)   each of the following persons is an authorised applicant:

  (i)   the Minister;

  (ii)   the Secretary;

  (iii)   an SES employee, or acting SES employee, in the Department; and

  (b)   a relevant court (as defined in section   5 of this Act) is a relevant court.

Maximum penalties

  (3)   Despite subsection   82(5) of the Regulatory Powers Act, the pecuniary penalty in relation to a contravention of one of the following civil penalty provisions must not be more than the applicable pecuniary penalty specified in the provision:

  (a)   subsection   38(4) (compliance with recall notices);

  (b)   subsection   39(3) (notification requirements--compulsory recalls);

  (c)   subsection   40(3) (notification requirements--voluntary recalls).

Note:   Those civil penalty provisions specify the maximum civil penalty that applies in relation to a person who is a body corporate and a person who is not a body corporate.

Liability of Crown

  (4)   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 liable to a pecuniary penalty.