Data Availability and Transparency Act 2022

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.

However, an authorised applicant may not apply under section 82 of the Regulatory Powers Act for an order that a person pay a pecuniary penalty in relation to a contravention of a civil penalty provision of this Act unless the Commissioner has made a determination under section 102 of this Act setting out the Commissioner’s opinion that the person has contravened the provision.

For the purposes of Part 4 of the Regulatory Powers Act:

the Commissioner is an authorised applicant in relation to the civil penalty provisions in this Act; and

each of the following is a relevant court in relation to the civil penalty provisions of this Act:

the Federal Court;

the Circuit Court;

a court of a State or Territory that has jurisdiction in relation to the matter.