Proceedings for contravention of civil penalty provision
16 Proceedings for contravention of civil penalty provision
This section applies to a contravention of clause 9(2) or 11(1) (a civil penalty provision).
The industrial court may, on the application of an authorised official, order a person to pay a monetary penalty if the Court is satisfied the person contravened a civil penalty provision.
The monetary penalty must not be more than the amount specified at the end of the civil penalty provision following the words “Maximum civil penalty”.
Proceedings for a penalty under this clause may be brought within 6 years after the date on which the contravention is alleged to have occurred.
The rules of evidence apply to proceedings under this clause.
The standard of proof that applies to proceedings under this clause is proof on the balance of probabilities.
Section 357(6) and (7) apply in relation to a contravention of a civil penalty provision and proceedings under this clause in the same way as the subsections apply to a contravention of an industrial instrument and proceedings for a civil penalty for the contravention.
Criminal proceedings may be commenced against a person for conduct that is substantially the same conduct constituting a contravention of clause 11(1) regardless of whether the industrial court makes an order under this clause.
However, the industrial court must not make an order under this clause for a contravention of a civil penalty provision if the person the subject of the proceedings has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.
A person who is involved in a contravention of a civil penalty provision is taken to have contravened the provision.
In this clause—
authorised official means—
an inspector or other person authorised under this Act to institute proceedings for offences, or
the administrator.
industrial court has the same meaning as in Chapter 7, Part 1.
involved, in a contravention of a civil penalty provision, means a person has—
aided, abetted, counselled or procured the contravention, or
induced the contravention, whether by threats, promises or otherwise, or
been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention, or
conspired with others to effect the contravention.
This Act’s bill:Explanatory memorandumSecond reading speech
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