Enforcement & Sanctions
The Enforcement and Sanctions branch is responsible for undertaking regulatory, investigative and enforcement actions associated with biosecurity, food safety, export operations, illegal logging, the Water Efficiency Labelling Scheme and portfolio issued grants. The branch is also responsible for policy and advice associated with enforcement and regulatory practice as well as the implementation of enforcement related sanctions underpinned by new portfolio legislation. What we do Enforcement section conducts complex investigations into serious criminal and civil offending and where necessary, initiates associated punitive action. Investigation teams are located around Australia and investigations often have a national and, at times, transnational focus. This work is supported by collaborative arrangements with other state/territory, Commonwealth and international regulators and law enforcement agencies. Enforcement also support broader regulatory risk exploration and understanding through the execution of risk assessment and compliance monitoring warrant powers available under a range of the portfolio’s legislation. The Enforcement section includes a criminal intelligence function to support enforcement operations and streams within the department’s regulatory environment. Civil and Regulatory Sanctions (CaRS) section have four key functions: Civil Sanction Action CaRS are responsible for the identification, selection and preparation of matters seeking a civil law sanction across the department’s regulatory legislation. This includes preparatory work involved in establishing enforceable undertakings, injunctions and civil penalty proceedings. CaRS works closely with the Office of the General Counsel to support the department to pursue these court based civil actions. Infringement Notice Scheme management CaRS also manages the Infringement Notice Scheme under the Biosecurity Act 2015 and similar schemes under the department’s regulatory legislation, noting some are not yet operational. Fitness and Propriety Assessment CaRS manages the assessment of entities holding or seeking to hold a variety of third party arrangements, permits and licences provided under the Biosecurity Act and the department’s export legislation. Assessments form part of key decisions as to whether those third party arrangements should be entered into or maintained by the department. Enforcement and sanctions projects CaRS provides advice regarding the development of departmental enforcement and sanctions policy and subordinate legislation and also provides the project capability to implement tools and sanctions associated with the Regulatory Powers (Standard Provisions) Act 2014 as it applies to the legislation below: • The Illegal Logging Prohibition Act 2012 • The Biosecurity Act 2015 • The Imported Food Control Amendment Bill 2017 • The Export Control Bill 2017.
GPO Box 858, Canberra ACT 2601