Building Energy Efficiency Disclosure Act 2010

Each civil penalty provision of this Act is enforceable under Part 4 of the Regulatory Powers Act.

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.

For the purposes of Part 4 of the Regulatory Powers Act, the Secretary is an authorised applicant in relation to the civil penalty provisions of this Act.

The Secretary may, in writing, delegate to an SES employee or acting SES employee in the Department the Secretary’s powers and functions as an authorised applicant in relation to the civil penalty provisions of this Act.

In exercising powers or performing functions delegated under subsection (3), the delegate must comply with any directions of the Secretary.

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:

the Federal Court of Australia;

the Federal Circuit and Family Court of Australia (Division 2).

Despite subsection 82(5) of the Regulatory Powers Act, the pecuniary penalty payable under a civil penalty order under Part 4 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions of this Act, must not be more than the amount worked out under section 52 of this Act.

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.

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.

The protection in subsection (8) does not apply to an authority of the Crown.