Document ID: chunk:federal_register_of_legislation:C2024C00813:section:56
Version: federal_register_of_legislation:C2024C00813
Segment Type: section
Provision Reference: s 56
Character Range: 182108–183350

56  Penalty to be alternative to prosecution for certain offences against Part
 (1) Where:
 (a) but for this subsection, an amount is payable, by way of penalty, by a person to the Registrar under this Part because of an act or omission of the person; and
 (b) a prosecution is instituted against the person for an offence against this Part constituted by the act or omission;
the amount is not payable unless and until the prosecution is withdrawn.
 (2) Where:
 (a) a person is liable to pay, by way of penalty, an amount (in this subsection called the penalty amount) to the Registrar under this Part because of an act or omission of the person;
 (b) an amount (in this subsection called the credited amount) is paid, or applied by the Registrar, in total or partial discharge of the liability; and
 (c) a prosecution is instituted against the person for an offence against this Part constituted by the act or omission;
the credited amount shall be refunded to the person, or applied by the Registrar in total or partial discharge of a debt due to the Commonwealth by the person under this Act, but, if the prosecution is withdrawn, the person again becomes liable to pay the penalty amount.

Division 3—Provisions applicable to employers