National Disability Insurance Scheme Act 2013

A civil penalty provision of this Act, other than section 59A or 73D, is subject to an infringement notice under Part 5 of the Regulatory Powers Act.

Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.

However, subsection (1B) applies if the civil penalty provision sets out:

a pecuniary penalty for a serious contravention; and

another pecuniary penalty (the general penalty amount) for any other case.

For the purposes of an infringement notice for an alleged contravention of the civil penalty provision, in working out the amount to be stated in the infringement notice for the purposes of paragraph 104(1)(f) and subsections 104(2) and (3) of the Regulatory Powers Act:

disregard the pecuniary penalty for a serious contravention; and

the general penalty amount is taken to be the maximum penalty that a court could impose on a person for contravention of the civil penalty provision in all cases.

For the purposes of Part 5 of the Regulatory Powers Act, the Commissioner is an infringement officer in relation to the provisions mentioned in subsection (1).

For the purposes of Part 5 of the Regulatory Powers Act, the Commissioner is the relevant chief executive in relation to the provisions mentioned in subsection (1).

To avoid doubt, subsection 205(2) does not prevent the Crown from being liable to be given an infringement notice under Part 5 of the Regulatory Powers Act, as that Part applies in relation to this Act.