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TOBACCO PLAIN PACKAGING ACT 2011 - SECT 88

Injunctions

Enforceable provisions

  (1)   A provision is enforceable under Part   7 of the Regulatory Powers Act if it is:

  (a)   an offence against this Act; or

  (b)   a civil penalty provision of this Act.

Note:   Part   7 of the Regulatory Powers Act allows a provision to be enforced by obtaining an injunction.

Authorised person

  (2)   For the purposes of Part   7 of the Regulatory Powers Act, the Secretary is an authorised person in relation to the provisions mentioned in subsection   (1).

  (3)   The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary's powers under Part   7 of the Regulatory Powers Act in relation to the provisions mentioned in subsection   (1).

Relevant court

  (4)   For the purposes of Part   7 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection   (1):

  (a)   the Federal Court of Australia;

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

Extension to external Territories

  (5)   Part   7 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection   (1), extends to every external Territory.

 


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