Payment Times Reporting Act 2020

PART 4 - COMPLIANCE AND ENFORCEMENT  

Division 3 - Regulatory powers  

SECTION 33   CIVIL PENALTY PROVISIONS  
Enforceable civil penalty provisions

33(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

33(2)    
For the purposes of Part 4 of the Regulatory Powers Act, the Regulator is an authorised applicant in relation to the civil penalty provisions of this Act.

Relevant court

33(3)    
For the purposes of Part 4 of the Regulatory Powers Act, each relevant court (as defined in section 5 of this Act) is a relevant court in relation to the civil penalty provisions of this Act.

Liability of Crown

33(4)    
Part 4 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions of this Act, does not make the Crown in right of the Commonwealth liable to a pecuniary penalty.

Mistake of fact - bodies corporate

33(5)    
A body corporate can only rely on section 95 of the Regulatory Powers Act (mistake of fact) in respect of conduct that would, apart from this section, constitute a contravention on its part of a civil penalty provision of this Act if:

(a)    the employee, agent or officer of the body corporate who carried out the conduct was under a mistaken but reasonable belief about facts that, had they existed, would have meant that the conduct would not have contravened the civil penalty provision; and

(b)    the body corporate proves that it exercised due diligence to prevent the conduct.

33(6)    
A failure to exercise due diligence may be evidenced by the fact that the prohibited conduct was substantially attributable to:

(a)    inadequate corporate management, control or supervision of the conduct of one or more of its employees, agents or officers; or

(b)    failure to provide adequate systems for conveying relevant information to relevant persons in the body corporate.

Extension to external Territories etc.

33(7)    
Part 4 of the Regulatory Powers Act, as it applies in relation to the civil penalty provisions of this Act, extends to every external Territory.