Document ID: chunk:federal_register_of_legislation:C2024C00582:section:157
Version: federal_register_of_legislation:C2024C00582
Segment Type: section
Provision Reference: s 157
Character Range: 260856–262874

157  Giving a compliance notice

Compliance notice given by Secretary
 (1) This section applies if the Secretary reasonably believes that a person has contravened one or more of the following provisions:
 (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).

Compliance notice given by Fair Work Ombudsman
 (2) This section also applies if the Fair Work Ombudsman reasonably believes that a person has contravened one or more of the following provisions:
 (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 payment);
 (e) subsection 81(1) or (2) (which deals with keeping records).

Requirements of a compliance notice
 (3) The Secretary or the Fair Work Ombudsman may give the person a notice (a compliance notice) requiring the person to do the following within 14 days of the day on which the notice is given:
 (a) take the action set out in the notice to rectify the contravention;
 (b) produce reasonable evidence of the person's compliance with the notice.
 (4) A person must not fail to comply with a compliance notice.
Note: This subsection is a civil penalty provision (see section 146).

Contents of a compliance notice
 (5) A compliance notice must also:
 (a) set out the name of the person to whom the notice is given; and
 (b) set out the name of the person who gave the notice; and
 (c) set out brief details of the alleged contravention; and
 (d) explain that a failure to comply with the notice may contravene a civil penalty provision; and
 (e) set out any other matters prescribed by the PPL rules.