Document ID: chunk:federal_register_of_legislation:F2020L01675:reg:33:p1
Version: federal_register_of_legislation:F2020L01675
Segment Type: reg
Provision Reference: reg 33 (pt 1/2)
Character Range: 25829–28609

33      Penalties that may be imposed etc.

(1)    If a responsible officer finds that a person contravened this instrument, the responsible officer may, in relation to the contravention:

(a)    decide to take no action; or

(b)    recommend to the responsible executive that action be taken to have the contravention dealt with under:

(i)    the Discipline Rule, the Medical Leave Rules or any other relevant University legislation; or

(ii)    a relevant industrial award, enterprise agreement or workplace agreement; or

(c)    reprimand the person; or

(d)    direct that the person must not use the information infrastructure, the Library, or a stated part or facility of the information infrastructure or the Library, for a stated period of no longer than 20 working days; or

(e)    close the person's account; or

(f)    impose a financial penalty of no more than $500 on the person; or

(g)    determine conditions under which the person may have access to, or use, the information infrastructure, the Library or a stated part or facility of the information infrastructure or the Library; or

(h)    decide that compensation is payable by the person to the University for damage to the information infrastructure and, if so, decide the amount of the compensation payable in accordance with section 34(1) (Amount of compensation); or

(i)    take any combination of the actions mentioned in paragraphs (c) to (h).

(2)    A responsible officer may, in relation to a contravention for which the sole penalty provided for the contravention by this instrument is a financial penalty:

(a)    waive the penalty; or

(b)    extend the time for payment of the penalty.

(3)    If a person is given a direction under subsection (1)(d), the person must not contravene the direction.

(4)    If conditions are determined in relation to a person under subsection (1)(g), the person must not contravene any of the conditions.

(5)    If a person is liable to pay a financial penalty or amount of compensation under subsection (1) in relation to a contravention, the person must pay to the University the amount specified in the notice given to the person under subsection (7) in relation to the contravention within 20 working days after the day the notice is given to the person or, if an appeal is made under Part 5 (Appeals) in relation to the contravention, the day the person is given notice of the decision on the appeal.

(6)    If a person does not pay a financial penalty or amount of compensation to the University as required under subsection (5), the person is not entitled to use the information infrastructure or the Library until the penalty or amount is paid, without a responsible officer's prior permission.

(7)    If a responsible officer makes a decision under