Civil penalty provisions
611B Civil penalty provisions
Specified civil penalty provisions
A civil penalty provision in this Act may be enforced 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.
Authorised applicants
The following table has effect.
Authorised applicants for civil penalty provisions | ||
|---|---|---|
Item | For the purposes of Part 4 of the Regulatory Powers Act, each of the following persons … | is an authorised applicant in relation to the following civil penalty provisions in this Act (to the extent indicated) … |
1 | The responsible Commonwealth Minister | (a) subsection 575(6), in relation to a direction given by that Minister (see section 574A); (b) subsection 576(5), in relation to a direction given by that Minister (see section 574A); (c) subsection 587B(5), in relation to a remedial direction given by that Minister (see sections 586A and 587A); (d) subsection 759(4A). |
2 | The Chief Executive Officer of NOPSEMA | (a) subsection 280(5); (b) subsection 286A(8A); (c) subsection 569(6B); (d) subsection 572(5A); (e) subsection 575(6), in relation to a direction given by NOPSEMA (see section 574); (f) subsection 576(5), in relation to a direction given by NOPSEMA (see section 574); (g) subsection 576D(5); (h) subsection 587B(5), in relation to a remedial direction given by NOPSEMA (see sections 586 and 587); (i) subsection 620(4) or (5); (j) subsection 621(11) or (12); (k) subclause 6(4A) of Schedule 3; (l) subclause 54(1A) of Schedule 3; (m) subclause 78A(3) of Schedule 3; (n) subclause 83(6) of Schedule 3; (o) subclause 87(2) of Schedule 3. |
3 | The Titles Administrator | (a) subsection 228(1A); (b) subsection 249(4); (c) subsection 284(7); (d) subsection 286A(8A); (e) subsection 507(5A); (f) subsection 508(5A); (g) subsection 509(6A); (h) subsection 697(3B); (i) subsection 699(5A). |
Relevant court
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;
the Federal Circuit Court;
the Supreme Court of a State or a Territory.
Extension to offshore areas
Part 4 of the Regulatory Powers Act, as it applies in relation to the civil penalty provisions mentioned in subsection (1), extends to each offshore area.
Part 3—Application and transitional
109 Application of Part 1 amendments
The amendments made by Part 1 apply in relation to contraventions of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 occurring on or after the commencement of this Schedule.
110 Transitional regulations
The Governor‑General may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments and repeals made by this Schedule.
Schedule 3—Using and sharing information and things
Part 1—Amendments
Offshore Petroleum and Greenhouse Gas Storage Act 2006
1 At the end of Chapter 6
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