5 in this section enforcement action means a

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(5) In this section— enforcement action means a proceeding for an offence against this Act or issuing an infringement notice for an offence against this Act. infringement notice see the State Penalties Enforcement Act 1999 , schedule 2. 192 Payment of penalties and fines (1) A penalty recovered because of a proceeding for an offence against this Act prosecuted by a person authorised by the commissioner must be paid to the commission. (2) A fine recovered because of an infringement notice for an offence against this Act and for which the commission is the administering authority must be paid to the commission. (3) In this section— administering authority , for an infringement notice, see the State Penalties Enforcement Act 1999 , schedule 2. infringement notice see the State Penalties Enforcement Act 1999 , schedule 2. Part 2 Evidence 193 Application of part This part applies to a proceeding under this Act.
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[s 194] Building Industry Fairness (Security of Payment) Act 2017 Chapter 6 Legal proceedings Current as at 1 July 2019 Page 155 Authorised by the Parliamentary Counsel 194 Appointments and authority The registrar’s appointment must be presumed unless a party to the proceeding, by reasonable notice, requires proof of it. 195 Evidentiary aids (1) A certificate signed by the registrar certifying anything about the contents of the register is evidence of the thing stated. (2) A certificate signed by the registrar stating any of the following is evidence of the matters stated— (a) that an individual was or was not at a time or during a period, or is or is not, an adjudicator; (b) that a stated document is a record or document, a copy of a record or document, or an extract from a record or document, kept under this chapter. 196 Proof of signature unnecessary A signature purporting to be the signature of the registrar is evidence of the signature it purports to be. Part 3 Civil liability for officials 197 Protection from liability (1) The commissioner, registrar and staff of the registry do not incur civil liability for an act done, or omission made, honestly and without negligence under this Act. (2) If subsection (1) prevents a civil liability attaching to a person, the liability attaches instead to the State.
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[s 198] Building Industry Fairness (Security of Payment) Act 2017 Chapter 7 Miscellaneous Page 156 Current as at 1 July 2019 Authorised by the Parliamentary Counsel Chapter 7 Miscellaneous 198 Approved forms (1) The chief executive or commissioner may approve forms for use under this Act. (2) Information in an approved form must, if the approved form requires, be verified by a statutory declaration. (3) An approved form has no effect if information in the form must be verified by a statutory declaration and it is not. 199 Delegations (1) The commissioner may delegate the commissioner’s functions or powers under this Act to an appropriately qualified officer of the commission.
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