Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_129c
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 129C
Character Range: 578347–579704

129C  Civil penalties

 (1) The following are civil remedy provisions for the purposes of this section:
 (a) subsection 128(4);
 (b) subsections 129(2) and (3A);
 (c) subsections 129A(1), (2) and (3).

Note: Division 4 of Part VIII contains other provisions relevant to civil remedies.

 (2) The Court may order a person who has contravened a civil remedy provision to pay a pecuniary penalty.

 (3) The penalty cannot be more than 300 penalty units for a body corporate or 60 penalty units in other cases.

 (4) An application for an order under subsection (2) in relation to subsection 128(4) (parental leave entitlements) may be made by:
 (a) a transferring employee mentioned in that subsection; or
 (b) an organisation of employees that is entitled, under its eligibility rules, to represent the industrial interests of a transferring employee mentioned in that subsection and has been requested by the transferring employee to apply for the order on the transferring employee's behalf; or
 (c) a workplace inspector; or
 (d) the new employer mentioned in that subsection.

 (5) An application for an order under subsection (2) in relation to an instrument listed in the following table may be made by a person specified in the item of the table relating to that kind of instrument:

Item  Instrument            People with standing to apply for order