National Commission for Aboriginal and Torres Strait Islander Children and Young People Act 2026

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, each of the following persons is an authorised applicant in relation to the civil penalty provisions mentioned in subsection (1):

the National Commissioner;

an SES employee, or an acting SES employee, in the National Commission.

The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.

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 mentioned in subsection (1):

the Federal Court of Australia;

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

a court of a State or Territory that has jurisdiction in relation to matters arising under this Act.

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

Part 4 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions mentioned in subsection (1), does not make the Crown liable to be subject to civil proceedings for a contravention of a civil penalty provision.

The protection in subsection (5) does not apply to an authority of the Crown.