Fair Work (Registered Organisations) Act 2009

The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.

Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.

A provision in the regulations is subject to an infringement notice under Part 5 of the Regulatory Powers Act if:

it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and

the regulations prescribe the provision for the purposes of this subsection.

For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):

the General Manager;

a person appointed as an infringement officer under subsection 316B(1).

For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).

The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.

A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.

If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.