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TOBACCO PLAIN PACKAGING ACT 2011 - SECT 86

Infringement notices

Provisions subject to an infringement notice

  (1)   A strict liability offence against Chapter   3 is subject to an infringement notice under Part   5 of the Regulatory Powers Act.

Infringement officer

  (2)   For the purposes of Part   5 of the Regulatory Powers Act, an authorised officer is an infringement officer in relation to the offences mentioned in subsection   ( 1).

Relevant chief executive

  (3)   For the purposes of Part   5 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to the offences mentioned in subsection   ( 1).

  (4)   The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary's powers and functions under Part   5 of the Regulatory Powers Act as the relevant chief executive officer in relation to the provisions mentioned in subsection   ( 1).

  (5)   In exercising powers or functions delegated under subsection   ( 4), the delegate must comply with any directions of the Secretary.

Extension to external Territories

  (6)   Part   5 of the Regulatory Powers Act, as that Part applies in relation to the offences mentioned in subsection   ( 1), extends to every external Territory.

Liability of Crown

  (7)   Part   5 of the Regulatory Powers Act, as that Part applies in relation to the offences mentioned in subsection   ( 1), does not make the Crown liable to be given an infringement notice.


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