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COMMONWEALTHAct
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s 43A

Civil penalty provisions

In force
Part 6Civil liability
Division 2Civil penalties

43A Civil penalty provisions

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

(2)

For the purposes of Part 4 of the Regulatory Powers Act, each of the following persons is an authorised applicant in relation to the civil penalty provisions of this Act:

(a)

the Treasurer;

(b)

APRA.

Relevant court

(3)

For the purposes of Part 4 of the Regulatory Powers Act, the Federal Court is a relevant court in relation to the civil penalty provisions of this Act.

Extension to external Territories etc.

(4)

Part 4 of the Regulatory Powers Act, as it applies in relation to the civil penalty provisions of this Act, extends to:

(a)

every external Territory; and

(b)

acts, omissions, matters and things outside Australia.

Liability of Crown

(5)

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.

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Section 43A — Civil penalty provisions — Financial Sector (Shareholdings) Act 1998 (Commonwealth) — Barrister AI