Proceeding may be brought by a party for contravention of certain orders relating to arbitrations
260A Proceeding may be brought by a party for contravention of certain orders relating to arbitrations
If an order made for the purposes of arbitration under section 102C(3) or 142(3) is contravened, proceedings may be brought in SAET against a person for the contravention of the relevant WHS civil penalty provision by a person affected by the contravention of the order.
Proceedings under this section must be instituted within 1 month after the day on which the contravention of the order first occurred.
The
Registrar of SAET must ensure that a copy of an application made under this section is provided to the regulator.
If, in proceedings under this section, SAET finds that a party has contravened an order under section 102C(3) or 142(3),
SAET should (in addition to any monetary penalty imposed) also order that the contravening party pay the applicant's reasonable costs in relation to the proceedings unless SAET is satisfied that it would be contrary to the interests of justice to make such an order.
If
SAET orders the payment of costs, the amount ordered may be recovered in a court of competent jurisdiction as a debt.
This Act’s bill:Second reading speech
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