Document ID: chunk:federal_register_of_legislation:C2024C00582:section:159:p1
Version: federal_register_of_legislation:C2024C00582
Segment Type: section
Provision Reference: s 159 (pt 1/3)
Character Range: 263172–265979

159  Infringement notices

Provisions subject to an infringement notice
 (1) The following civil penalty provisions of this Act are subject to an infringement notice under Part 5 of the Regulatory Powers Act:
 (a) subsection 82(2) (which deals with notifying the Secretary if certain events happen);
 (b) section 103 (which deals with responding to an employer determination);
 (c) subsection 105(3) (which deals with giving bank account and pay cycle information etc. after a review);
 (d) subsection 157(4), in relation to a compliance notice given to a person by the Secretary.
Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.

Infringement officer and relevant chief executive for the provisions mentioned in subsection (1)
 (2) For the purposes of Part 5 of the Regulatory Powers Act, the Secretary is an infringement officer and the relevant chief executive in relation to the provisions mentioned in subsection (1).

Further provisions subject to an infringement notice
 (3) The following civil penalty provisions of this Act are subject to an infringement notice under Part 5 of the Regulatory Powers Act:
 (a) subsection 70(2) (which deals with unauthorised deductions from instalments);
 (b) subsection 72(1), (2) or (3) (which deals with when an employer pays instalments);
 (c) section 74 (which deals with the method of payment of instalments payable by an employer);
 (d) section 80 (which deals with giving a person a record of a payment);
 (e) subsection 81(1) or (2) (which deals with keeping records);
 (f) subsection 157(4), in relation to a compliance notice given to a person by the Fair Work Ombudsman.

Infringement officer and relevant chief executive for the provisions mentioned in subsection (3)
 (4) For the purposes of Part 5 of the Regulatory Powers Act, the Fair Work Ombudsman is an infringement officer and the relevant chief executive in relation to the provisions mentioned in subsection (3).

Time limit for giving an infringement notice
 (5) Despite subsection 103(2) of the Regulatory Powers Act, an infringement notice given in relation to a failure to comply with a compliance notice under subsection 157(4) must be given within 12 months of the day on which the 14‑day period referred to in subsection 157(3) of this Act ends.

Amount to be stated in infringement notice
 (6) Despite subsections 104(2) and (3) of the Regulatory Powers Act, the amount to be stated in an infringement notice for the purposes of paragraph 104(1)(f) of that Act in relation to a provision mentioned in subsection (1) or (3) must be:
 (a) if the infringement notice is given to a body corporate for a single contravention:
 (i) in relation to a contravention of section 80 (which deals with giving a person a record