Treasury Laws Amendment (Payments System Modernisation) Act 2025 (46 of 2025)

Schedule 1   Amendment of the Payment Systems (Regulation) Act 1998 etc.

Part 3   Criminal and civil penalties

Payment Systems (Regulation) Act 1998

116   After section 29

Insert:

30 Enforcement of 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 following are authorised applicants:

(a) in relation to subsection 21(10) of this Act - the entity (whether the Reserve Bank or a nominated special regulator) that gave the direction to which the contravention of that subsection relates;

(b) in relation to subsection 26(3B) of this Act - the entity (whether the Reserve Bank or a nominated special regulator) that imposed the requirement to which the contravention of that subsection relates.

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 each civil penalty provision of this Act:

(a) the Federal Court;

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

(c) a court of a State or Territory that has jurisdiction in relation to the matter.

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.