Document ID: chunk:federal_register_of_legislation:C2025C00150:section:716:p1
Version: federal_register_of_legislation:C2025C00150
Segment Type: section
Provision Reference: s 716 (pt 1/2)
Character Range: 1833281–1835934

716  Compliance notices

Application of this section
 (1) This section applies if an inspector reasonably believes that a person has contravened one or more of the following:
 (a) a provision of the National Employment Standards;
 (b) a term of a modern award;
 (c) a term of an enterprise agreement;
 (d) a term of a workplace determination;
 (e) a term of a national minimum wage order;
 (f) a term of an equal remuneration order;
 (fa) subsection 536AA(1) or (2) (which deal with employer obligations in relation to advertising rates of pay);
 (fb) a term of a minimum standards order;
 (fc) a term of a road transport contractual chain order;
 (g) a provision of Part 6‑4C (which deals with the Coronavirus economic response);
 (h) a jobkeeper enabling direction (within the meaning of Part 6‑4C);
 (i) a provision of an agreement authorised by Part 6‑4C.

Giving a notice
 (2) The inspector may, except as provided by subsection (4), give the person a notice requiring the person to do either or both of the following within such reasonable time as is specified in the notice:
 (a) take specified action to remedy the direct effects of the contravention referred to in subsection (1) (including to calculate and pay the amount of any underpayment);
 (b) produce reasonable evidence of the person's compliance with the notice.
 (3) The 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 inspector who gave the notice; and
 (c) set out brief details of the contravention; and
 (d) explain that a failure to comply with the notice may contravene a civil remedy provision; and
 (e) explain that the person may apply to the Federal Court, the Federal Circuit and Family Court of Australia (Division 2) or an eligible State or Territory Court for a review of the notice on either or both of the following grounds:
 (i) the person has not committed a contravention set out in the notice;
 (ii) the notice does not comply with subsection (2) or this subsection; and
 (f) set out any other matters prescribed by the regulations.

Relationship with enforceable undertakings
 (4) An inspector must not give a person a notice in relation to a contravention if:
 (a) the person has given an undertaking under section 715 in relation to the contravention; and
 (b) the undertaking has not been withdrawn.

Relationship with civil remedy provisions
 (4A) An inspector must not apply for an order under Division 2 of Part 4‑1 in relation to a contravention of a civil remedy provision by a person if:
 (a) the inspector has given the person a notice in relation to the contravention; and
 (b) either