Document ID: chunk:federal_register_of_legislation:C2025C00150:section:38
Version: federal_register_of_legislation:C2025C00150
Segment Type: section
Provision Reference: s 38
Character Range: 1591590–1593581

38                                                                             789FG                                                                                                                                                     (a) a person affected by the contravention;                                                                                  (a) the Federal Court;                                               60 penalty units
                                                                                                                                                                                                                                         (b) an industrial association;                                                                                               (b) the Federal Circuit and Family Court of Australia (Division 2);
                                                                                                                                                                                                                                         (c) an inspector                                                                                                             (c) an eligible State or Territory court

 (3) The regulations may provide that a provision set out in the regulations is a civil remedy provision.
 (4) If the regulations make provision as mentioned in subsection (3):
 (a) the regulations must set out:
 (i) the persons who would be referred to in column 2; and
 (ii) the courts that would be referred to in column 3; and
 (iii) the maximum penalty that would be referred to in column 4;
  of the table in subsection (2) if there were an item for the civil remedy provision in the table; and
 (b) this Part has effect as if the matters referred to subparagraphs (a)(i) to (iii) were set out in such an item in the table.
Note: See section 798 for limits on the penalties that may be set out in the regulations.