Regulatory Powers (Standardisation Reform) Act 2017 (124 of 2017)

Schedule 2   Amendment of the Australian Sports Anti-Doping Authority Act 2006

Part 1   Amendments

Australian Sports Anti-Doping Authority Act 2006

7   Part 8A

Repeal the Part, substitute:

Part 8A - Civil penalty provisions

71 Simplified outline of this Part

This Part applies the Regulatory Powers Act to enable the CEO to enforce civil penalty provisions. Orders may be sought from a court in relation to contraventions of such provisions.

72 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 CEO, on behalf of the Commonwealth, 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 of Australia;

(b) the Federal Circuit Court of Australia;

(c) a court of a State or Territory that has jurisdiction in relation to matters arising under this Act.

Extension to external Territories

(4) Part 4 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions of this Act, extends to every external Territory.

Part 8B - Infringement notices

73A Simplified outline of this Part

This Part applies the Regulatory Powers Act to enable the CEO to issue an infringement notice in relation to the alleged contravention of a civil penalty provision.

73B Infringement notices

Provisions subject to an infringement notice

(1) A civil penalty provision of this Act is subject to an infringement notice under Part 5 of the Regulatory Powers Act.

Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.

Infringement officer

(2) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1):

(a) the CEO;

(b) a person authorised by the CEO for the purposes of this paragraph.

Relevant chief executive

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

(4) The CEO may, in writing, delegate the CEO's powers and functions under Part 5 of the Regulatory Powers Act as the relevant chief executive in relation to the provisions mentioned in subsection (1) to:

(a) a member of the ASADA staff; or

(b) an individual whose services are made available to the CEO under section 24M.

(5) A delegate must comply with any written directions of the CEO.

Extension to external Territories

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