Section 9(2) of the Long Service Leave Act 2018 (Vic) creates a continuing offence of failing to pay long service leave entitlements, distinguishable from the specific offence under s 72(2) of the 1992 Act by reason of the penalty provision specifying penalty units 'for each day during which the offence continues'. The limitation period for prosecution does not commence until the underpayment is rectified. The maximum daily penalty of 60 penalty units for a body corporate can accumulate to very substantial amounts.
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