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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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