Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_170aj
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 170AJ
Character Range: 588115–589797

170AJ  Penalties etc. for contravention of section 170AI

 (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 an employer who has contravened section 170AI:
 (a) an order imposing a pecuniary penalty on the employer;
 (b) an order requiring the employer to pay a specified amount to the employee as compensation for damage suffered by the employee 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 employer 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) an employee 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) a person prescribed by the regulations for the purposes of this paragraph.

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