Waste Avoidance and Resource Recovery Act 2007

In this section —

in the case of a provision referred to in paragraph (a) of the definition of civil penalty provision, the amount following the expression “Civil penalty:” below that provision; or

in the case of a provision referred to in paragraph (b) of the definition of civil penalty provision, the amount prescribed under regulations referred to in subsection (2)(b).

a provision of this Act below which the expression “Civil penalty:” followed by an amount, expressed in dollars, appears; or

a provision of the regulations prescribed as a civil penalty provision under regulations referred to in subsection (2)(a).

Regulations may —

provide that a provision of the regulations that imposes an obligation on a person (including an obligation in relation to compliance with prescribed provisions of a scheme agreement) is a civil penalty provision; and

prescribe, for a contravention of a provision referred to in paragraph (a), the amount that may, in accordance with the regulations, be demanded from or imposed on a person who contravenes the civil penalty provision, being an amount not exceeding $25 000; and

provide for and regulate the taking of proceedings in respect of an alleged contravention of a civil penalty provision (civil penalty proceedings); and

provide for the making of an order that a person found in civil penalty proceedings to have contravened the civil penalty provision is to pay an amount not exceeding the civil penalty for the civil penalty provision; and

provide for other orders that can be made in civil penalty proceedings; and

provide for the enforcement of orders made in civil penalty proceedings generally, and in particular, provide for the demand for payment of the civil penalty and the enforcement of that demand; and

provide for the manner in which amounts received by way of civil penalties are to be dealt with and applied.