Enforceable civil penalty provisions
79 Enforceable civil penalty provisions
A provision is enforceable under this Part if:
it is a civil penalty provision, as defined in subsection (2); and
an Act provides that the civil penalty provision is enforceable under this Part.
A provision of an Act or a legislative instrument is a civil penalty provision if:
either:
the provision sets out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”; or
another provision of an Act or a legislative instrument provides that the provision is a civil penalty provision, or that a person is liable to a civil penalty if the person contravenes the provision; and
the provision is:
a subsection, or a section that is not divided into subsections; or
a subregulation, or a regulation that is not divided into subregulations; or
a subclause (however described) of a Schedule to an Act or of a legislative instrument; or
a clause (however described) of a Schedule to an Act, or of a legislative instrument, that is not divided into subclauses.
This Act’s bill:Explanatory memorandumSecond reading speech
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