Commonwealth Numbered Acts

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PUBLIC HEALTH (TOBACCO AND OTHER PRODUCTS) ACT 2023 (NO. 118, 2023) - SECT 162

Enforceable undertakings

Enforceable provisions

             (1)  A provision is enforceable under Part 6 of the Regulatory Powers Act if it is:

                     (a)  an offence against this Act; or

                     (b)  a civil penalty provision of this Act.

Note:          Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.

Authorised person

             (2)  For the purposes of Part 6 of the Regulatory Powers Act, the Secretary is an authorised person in relation to the provisions mentioned in subsection (1).

Relevant court

             (3)  For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):

                     (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 matters arising under this Act.

Extension to external Territories

             (4)  Part 6 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), extends to every external Territory.



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