Security of Critical Infrastructure Act 2018

Each civil penalty provision of this Act is enforceable under:

Part 4 of the Regulatory Powers Act (civil penalty provisions); and

Part 6 of that Act (enforceable undertakings); and

Part 7 of that Act (injunctions).

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.

Part 6 of that Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.

Part 7 of that Act creates a framework for using injunctions to enforce provisions.

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

the Secretary;

a person who is appointed under subsection (3).

The Secretary may, by writing, appoint a person who:

is the chief executive officer (however described) of a relevant Commonwealth regulator; or

is an SES employee, or an acting SES employee, in:

the Department; or

a relevant Commonwealth regulator; or

holds, or is acting in, a position in a relevant Commonwealth regulator that is equivalent to, or higher than, a position occupied by an SES employee;

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

For the purposes of Parts 6 and 7 of the Regulatory Powers Act, as those Parts apply in relation to a civil penalty provision of this Act, each of the following persons is an authorised person:

the Secretary;

a person who is appointed under subsection (3B).

The Secretary may, by writing, appoint a person who:

is the chief executive officer (however described) of a relevant Commonwealth regulator; or

is an SES employee, or an acting SES employee, in:

the Department; or

a relevant Commonwealth regulator; or

holds, or is acting in, a position in a relevant Commonwealth regulator that is equivalent to, or higher than, a position occupied by an SES employee;

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

For the purposes of Parts 4, 6 and 7 of the Regulatory Powers Act, as those Parts apply in relation to a civil penalty provision of this Act, each of the following is a relevant court:

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.

Parts 4, 6 and 7 of the Regulatory Powers Act, as those Parts apply in relation to a civil penalty provision of this Act, extends outside Australia (including to every external Territory).