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AGED CARE ACT 1997 - SECT 95C.1

Civil penalty provisions

Enforceable civil penalty provisions

  (1)   Each * civil penalty provision of this Act is enforceable under Part   4 of the * Regulatory Powers Act.

Note:   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 applicant

  (2)   For the purposes of Part   4 of the * Regulatory Powers Act, the Secretary is an authorised applicant in relation to the * civil penalty provisions of this Act.

Relevant court

  (3)   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 of this Act:

  (a)   the * Federal Court;

  (b)   the Federal Circuit and Family Court of Australia (Division   2);

  (c)   a court of a State or Territory that has jurisdiction in relation to the matter.

This section does not apply to Division   54

  (4)   This section does not apply to a * civil penalty provision in Division   54.

Note:   For enforcement of the civil penalty provisions in Division   54, see Part   8A of the Quality and Safety Commission Act.


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