FOREIGN ACQUISITIONS AND TAKEOVERS ACT 1975 - SECT 99 Civil penalty provisions

FOREIGN ACQUISITIONS AND TAKEOVERS ACT 1975 - SECT 99

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:

  (a)   each of the Treasurer and the Commissioner of Taxation is an authorised applicant in relation to the civil penalty provisions of this Act (other than section   130ZV); and

  (b)   each of the Treasurer, the Commissioner of Taxation and the Registrar is an authorised applicant in relation to section   130ZV.

  (2A)   The Treasurer may, in writing, delegate to:

  (a)   the Secretary; or

  (b)   an SES employee, or acting SES employee, in the Department;

the Treasurer's powers and functions under Part   4 of the Regulatory Powers Act as an authorised applicant in relation to the civil penalty provisions of this Act.

  (2B)   The Commissioner of Taxation may, in writing, delegate to an SES employee, or acting SES employee, in the Australian Taxation Office the Commissioner's powers and functions under Part   4 of the Regulatory Powers Act as an authorised applicant in relation to the civil penalty provisions of this Act.

  (2BA)   The Registrar may, in writing, delegate to:

  (a)   any person to whom the Registrar may delegate any of the Registrar's other functions, as a kind of body or person mentioned in the definition of eligible Registrar appointee in section   4, under a law of the Commonwealth; or

  (b)   any person of a kind prescribed by the regulations;

the Registrar's powers and functions under Part   4 of the Regulatory Powers Act as an authorised applicant in relation to the civil penalty provisions of this Act.

  (2C)   In exercising powers or performing functions delegated under subsection   (2A), (2B) or (2BA), a delegate must comply with any directions of the delegator.

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 and Family Court of Australia (Division   2);

  (c)   a Supreme Court of a State or Territory.

Maximum penalties

  (4)   Subsection   82(5) of the Regulatory Powers Act does not apply in relation to the following provisions of this Act:

  (a)   section   89 (contravening orders under Part   3);

  (b)   section   91 (failing to give notice);

  (c)   section   92 (taking action before end of period);

  (d)   section   92A (taking action while prohibited by this Act);

  (e)   section   93 (contravening conditions);

  (f)   section   94 (acquisition of interests in residential land);

  (g)   section   95 (acquisition of interests in established dwellings);

  (h)   section   95A (taking action while prohibited by this Act);

  (i)   section   96 (contravening conditions in relation to residential land);

  (j)   section   98A (contravening directions and interim directions);

  (k)   section   98B (false or misleading information and documents);

  (l)   subsection   102(2) (liability of officers of corporations authorising or permitting contraventions);

  (m)   section   103 (civil penalties for officers of corporations failing to prevent contraventions).

Extension to external Territories

  (5)   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.