Queensland Consolidated Acts

INDUSTRIAL RELATIONS ACT 2016 - SECT 406

406 Enforcement of magistrate’s orders

(1) This section applies if, under part 3 , division 1 , a magistrate orders—

(a) a private employment agent to repay a fee received by the agent in contravention of section 400 (1) or (2) to a work seeker mentioned in section 401 or a claimant mentioned in section 402 ; or

(b) costs of a party under section 402 .

(2) The order is enforceable under the Justices Act 1886 as an order for payment of money made by a magistrate under that Act.

(3) Also, an amount ordered to be paid to the work seeker or claimant by the agent may be recovered by the work seeker or claimant from the agent as a debt.

(4) For subsection (3) , the order requiring payment may be filed in the registry of a Magistrates Court, and on being filed—

(a) is taken to be an order properly made by a Magistrates Court; and

(b) may be enforced as a money order made by the Magistrates Court.

(5) The magistrate may give particulars of the order mentioned in subsection (1) to the registrar for the purpose of registering the particulars prescribed by regulation, in relation to the unpaid amount payable under the order, under the State Penalties Enforcement Act 1999 , section 34 .

(6) In this section—

"registrar" , in relation to a magistrate, means the clerk of the court of the Magistrates Court that the magistrate constitutes under the Magistrates Act 1991 .