Document ID: chunk:federal_register_of_legislation:C2004A01357:clause:2_2
Version: federal_register_of_legislation:C2004A01357
Segment Type: clause
Provision Reference: sch 2 cl 2
Character Range: 24039–26342

2  Declarations of contravention

 (1) If a court considers that a person has breached one of the following provisions, or was involved in such a breach, it must make a declaration that the person has contravened this subclause:
 (a) subsection 16(1) (duties of employers in relation to their employees etc.);
 (b) section 17 (duty of employers in relation to third parties);
 (c) subsection 18(1) or 18(2) (duties of manufacturers in relation to plant and substances);
 (d) subsection 19(1) (duties of suppliers in relation to plant and substances);
 (e) subsection 20(1) (duties of person erecting or installing plant in a workplace);
 (f) subsection 21(1) (duties of employees in relation to occupational health and safety);
 (g) subsection 43(2) (requirement to provide assistance and information);
 (h) subsection 45(5) (requirement to ensure compliance with direction that workplace etc. not be disturbed);
 (i) subsection 45A(3) (requirement to ensure compliance with oral direction that workplace etc. not be disturbed);
 (j) subsection 46(4) (requirement to ensure that prohibition notice complied with);
 (k) subsection 47(6) (requirement to comply with improvement notice);
 (l) section 64 (requirement not to prejudice witnesses in employment);
 (m) section 73 (requirement not to levy employees etc.);
 (n) section 76 (requirement not to dismiss etc. employees on certain grounds).

Note: Once a declaration has been made, the court can make a pecuniary penalty order (see clause 3).

 (2) In proceedings for a declaration of contravention under subclause (1) in relation to a breach of section 76, if all the relevant facts and circumstances, other than the reason for an action, are proved, it lies on the person who allegedly breached that section to establish that the action was not taken for that reason.

 (3) A declaration of contravention made under subclause (1) must specify the following:
 (a) the court that made the declaration;
 (b) that the subclause was contravened;
 (c) any provision listed in that subclause that the person who contravened it breached or was involved in breaching;
 (d) the person who contravened that subclause;
 (e) the conduct that constituted the contravention;
 (f) the Commonwealth Entity or Commonwealth authority to which the conduct related.