BUILDING AND CONSTRUCTION INDUSTRY IMPROVEMENT ACT 2005 No. 113, 2005

Commonwealth Numbered Acts

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BUILDING AND CONSTRUCTION INDUSTRY IMPROVEMENT ACT 2005 No. 113, 2005 - SECT 48

Definitions

(1): In this Part, unless the contrary intention appears:

"appropriate court" means:

(a) for a contravention of section 38—the Federal Court, the Federal Magistrates Court, a Supreme Court of a State or Territory or a District Court, or County Court, of a State; or
(b) for any other contravention—the Federal Court.

"pecuniary penalty order" means an order under paragraph 49(1)(a).

"person", in relation to a contravention of a civil penalty provision, includes an industrial association.

(2): For the purposes of this Part, a person who is involved in a contravention of a civil penalty provision is treated as having contravened that provision. For this purpose, a person is involved in a contravention of a civil penalty provision if, and only if, the person:

(a) has aided, abetted, counselled or procured the contravention; or
(b) has induced the contravention, whether by threats or promises or otherwise; or
(c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or
(d) has conspired with others to effect the contravention.

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