Document ID: chunk:federal_register_of_legislation:C2004A01222:clause:2_543
Version: federal_register_of_legislation:C2004A01222
Segment Type: clause
Provision Reference: sch 2 cl 543
Character Range: 34853–36455

543  Imposition and recovery of penalties

 (1) If a person breaches subsection 541(1), a penalty may be imposed by the Court or a court of competent jurisdiction.

 (2) Subject to subsection (3), if:
 (a) 2 or more breaches of subsection 541(1) are committed by the same person; and
 (b) the breaches arose out of a course of conduct by the person;
the breaches are taken for the purposes of this section to constitute a single breach of that subsection.

 (3) Subsection (2) does not apply in relation to a breach of subsection 541(1) that is committed by the person after a court has imposed a penalty on the person for an earlier breach of that subsection.

 (4) The maximum penalty that may be imposed under subsection (1) for a breach of subsection 541(1) is:
 (a) $10,000 for a body corporate; or
 (b) $2,000 in other cases.

 (5) A penalty for a breach of subsection 541(1) may be sued for and recovered by:
 (a) an inspector; or
 (b) an individual to whom the obligation concerned was owed.

 (6) If, in a proceeding against a person under this section, it appears to the court that an individual has not been paid an amount that the person was required to pay, the court may order the person to pay to the individual the amount of the underpayment.

 (7) An order must not be made under subsection (6) in relation to so much of an underpayment as relates to any period more than 6 years before the commencement of the proceeding.

 (8) A proceeding under this section in relation to a breach of subsection 541(1) must be commenced not later than 6 years after the commission of the breach.