New South Wales Consolidated Acts

INDUSTRIAL RELATIONS ACT 1996 - SECT 402

402 Recovery of penalty by appointment of receiver

(1) If--

(a) an industrial organisation fails to pay a penalty for an offence imposed under this Act on the organisation, or

(b) a person who is a member of the committee or other executive body of an industrial organisation fails to pay a penalty for an offence imposed under this Act on the person,

the amount of the penalty becomes a charge on the assets of the organisation in favour of the State, unless subsection (2) applies.

(2) The amount of such a penalty does not become a charge on the assets of an industrial organisation if the person who incurred the penalty did so because of an act done in contravention of the express resolutions or directions of the organisation or its committee or other executive body.

(3) Despite any other Act, a person referred to in subsection (1) (b) is not liable to imprisonment for default in payment of a penalty so referred to but the amount of the penalty is recoverable as a debt due by the person to the State at the time of failure to pay the penalty.

(4) The Commission in Court Session may, on the application of the Minister and on terms determined by the Commission in Court Session, appoint a receiver for the purpose of entering into possession, or assuming control, of the property of the organisation in order to enforce the charge.

(5) A receiver appointed under this section--

(a) has the functions conferred on the receiver by order of the Commission in Court Session, and

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

(6) In this section--

"penalty" includes any costs and expenses imposed in relation to the penalty.

"committee or other executive body" , in relation to a State organisation, means a collective body of the organisation that has powers of the kind mentioned in the definition of
"office" in the Dictionary.