New South Wales Consolidated Acts

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INDUSTRIAL RELATIONS ACT 1996 - SECT 357

Civil penalty for breach of industrial instruments

357 Civil penalty for breach of industrial instruments

(1) If an industrial court is satisfied that a person has contravened a provision of an industrial instrument, it may order the person to pay a pecuniary penalty not exceeding $10,000 (
"a civil penalty" ).
Note : Section 21 of the Interpretation Act 1987 provides that the expression "contravene" in an Act includes a failure to comply.
(2) Proceedings for a civil penalty may be instituted:
(a) by an inspector or any other person authorised by this Act to institute proceedings for offences, or
(b) by an employer bound by the industrial instrument concerned, or
(c) by an industrial organisation concerned in the industry to which the proceedings relate.
(3) Proceedings for a civil penalty may be instituted within 6 years after the contravention.
(4) To avoid doubt, the rules of evidence apply to proceedings for a civil penalty.
(5) Evidence given in proceedings for the recovery of money under Part 2 is not admissible in proceedings for a civil penalty.
(6) In any proceedings for a civil penalty, the industrial court may award costs to either party and assess the amount of those costs. Costs cannot be awarded against the prosecutor except in the circumstances in which costs can be awarded against the prosecutor in criminal proceedings.
(7) The following provisions apply to contraventions of industrial instruments and to proceedings for a civil penalty for such a contravention in the same way as they apply to criminal proceedings for an offence against this Act:
(a) Sections 400-403.
(b) The provisions of any Act relating to the recovery of penalties imposed for an offence.
(c) Any provision of this or any other Act relating to criminal proceedings that is applied to this section by the regulations (whether with or without modification).



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