New South Wales Consolidated Acts

ESSENTIAL SERVICES ACT 1988 - SECT 26

26 Recovery of penalty by appointment of receiver

(1) If an industrial organisation, a member of the executive of an industrial organisation or a member of an industrial organisation fails to pay a penalty imposed by or under this Act within such time as is determined by the person or court which imposed the penalty, the penalty becomes a charge on the assets of the industrial organisation.

(2) Any such penalty imposed on a member of the executive of an industrial organisation or a member of an industrial organisation does not become a charge on the assets of the industrial organisation if the member acted in the matter concerned against the express resolutions or directions of either the industrial organisation or the executive of the industrial organisation.

(3) Despite any other Act, if a member of the executive of an industrial organisation or a member of an industrial organisation is, by any conviction or order, adjudged to pay such a penalty--

(a) the member is not liable to imprisonment in default of payment of the penalty, and

(b) the amount of the penalty (or any part of it) may be recovered as a debt due to the Crown in a court of competent jurisdiction.

(4) The Full Bench of the Industrial Relations Commission in Court Session, on the application of the Minister, may appoint a receiver for the purpose of entering into possession or assuming control of the property of the industrial organisation in order to enforce the charge.

(5) The terms of appointment of a receiver shall be as determined by the Full Bench of the Industrial Relations Commission in Court Session.

(6) A receiver appointed under this section--

(a) has such functions as may be conferred on the receiver by order of the Full Bench of the Industrial Relations Commission in Court Session, and

(b) is entitled to recover the costs and expenses of the receivership from the assets of the industrial organisation.

(8) In this section, a reference to a penalty includes a reference to any costs and expenses imposed in relation to the penalty.