Commonwealth Repealed Acts

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 846

             (1)  The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters:

                     (a)  required or permitted by this Act to be prescribed; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act.

             (2)  The matters in relation to which the Governor‑General may make regulations include, but are not limited to:

                     (a)  the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and

                     (b)  the practice and procedure of the Commission; and

                     (c)  the fees to be charged in relation to proceedings under this Act; and

                     (d)  the duties of the Industrial Registrar, the Deputy Industrial Registrars and any officers of the Commission; and

                     (e)  the exhibiting, on the premises of an employer bound by an award, an order of the Commission or a workplace agreement, of any of the terms of the award, order or agreement; and

                      (f)  penalties for offences against the regulations, not exceeding 10 penalty units; and

                     (g)  civil penalties for contraventions of the regulations, not exceeding:

                              (i)  10 penalty units for an individual; or

                             (ii)  50 penalty units for a body corporate.

             (3)  The power conferred by subsection (1) to make regulations with respect to the matter referred to in paragraph (2)(b) includes power to make regulations with respect to that matter in relation to any jurisdiction conferred on the Commission by or under any other Act, whether passed before or after this Act.

             (4)  If jurisdiction in relation to a provision of this Act relating to a civil remedy provision referred to in section 727 is conferred on the Court or the Federal Magistrates Court, the regulations may confer jurisdiction in relation to that provision on a specified court of a State or Territory.

             (5)  The regulations may provide for a person who is alleged to have committed an offence against the regulations to pay a penalty to the Commonwealth as an alternative to prosecution.

             (6)  A penalty under subsection (5) must not exceed one‑fifth of the maximum fine that a court could impose on the person as a penalty for that offence.

             (7)  The regulations may make provision enabling a person who is alleged to have contravened a civil remedy provision the remedy for which consists of or includes a pecuniary penalty to pay to the Commonwealth, as an alternative to proceedings against the person, a specified penalty.

             (8)  A penalty under subsection (7) must not exceed one‑tenth of the maximum pecuniary penalty that could have been imposed on the person for contravening that civil remedy provision.