Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_170bgb
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 170BGB
Character Range: 601735–603481

170BGB  Penalties etc. for contravention of section 170BGA

 (1) The Court, or the Federal Magistrates Court, on application by an eligible person, may make one or more of the following orders in relation to a person (the defendant) who has contravened section 170BGA:
 (a) an order imposing a pecuniary penalty on the defendant;
 (b) an order requiring the defendant to pay a specified amount to another person as compensation for damage suffered by the other person as a result of the contravention;
 (c) any other order that the court considers appropriate.

 (2) The maximum pecuniary penalty under paragraph (1)(a) is 300 penalty units if the defendant is a body corporate and otherwise 60 penalty units.

 (3) The orders that may be made under paragraph (1)(c) include:
 (a) injunctions; and
 (b) any other orders that the court considers necessary to stop the conduct or remedy its effects.

 (4) In this section:

eligible person means any of the following:
 (a) a workplace inspector;
 (b) a person affected by the contravention;
 (c) an organisation of employees that:
 (i) has been requested in writing, by the employee concerned, to apply on the employee's behalf; and
 (ii) has a member employed by the employee's employer; and
 (iii) is entitled, under its eligibility rules, to represent the industrial interests of the employee in relation to work carried on by the employee for the employer;
 (d) the Sex Discrimination Commissioner;
 (e) a person prescribed by the regulations for the purposes of this paragraph.

 (5) A regulation prescribing persons for the purposes of paragraph (e) of the definition of eligible person may provide that a person is prescribed only in relation to circumstances specified in the regulation.