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COMMONWEALTH ELECTORAL ACT 1918 - SECT 384A

Application of Regulatory Powers Act

Application of Parts   4 and 6

  (1)   Each civil penalty provision of this Act is enforceable under Parts   4 and 6 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. Part   6 of that Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.

Authorised applicant and relevant court

  (2)   For the purposes of Parts   4 and 6 of the Regulatory Powers Act:

  (a)   for Part   4--the Electoral Commissioner is an authorised applicant; and

  (b)   for Part   6--the Electoral Commissioner is an authorised person; and

  (c)   for Parts   4 and 6--the Federal Court of Australia is a relevant court;

in relation to each civil penalty provision of this Act.

Commissioner may publish enforceable undertakings

  (2A)   The Electoral Commissioner may publish on the Transparency Register an undertaking given in relation to a civil penalty provision of this Act.

Delegation

  (3)   The Electoral Commissioner may, in writing, delegate his or her powers and functions under the Regulatory Powers Act to an SES employee, or acting SES employee, of the Commission.

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

  (4)   A person exercising powers or performing functions under a delegation under subsection   (3) must comply with any directions of the Electoral Commissioner.


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