Document ID: chunk:federal_register_of_legislation:C2008C00428:clause:1_904
Version: federal_register_of_legislation:C2008C00428
Segment Type: clause
Provision Reference: sch 1 cl 904
Character Range: 8378–9957

904  Penalty for contravention

 (1) The Court may, on application by an eligible person, make an order imposing a pecuniary penalty on a person who has contravened subsection 900(1), 901(1), 902(1) or 903(1).

 (2) The maximum penalty that may be imposed under subsection (1) is:
 (a) 60 penalty units for an individual; or
 (b) 300 penalty units for a body corporate.

 (2A) If a person has contravened subsection 902(1), the Court may, on application by an eligible person, grant an injunction and make any other orders that the Court considers necessary to stop the contravention or remedy its effects.

 (2B) Other orders the Court may make under subsection (2A) include (but are not limited to):
 (a) if the contravention was constituted by dismissing an employee—an order to reinstate the person dismissed to the position that the person occupied immediately before the dismissal or to a position no less favourable than that position; and
 (b) in any case—to pay to the person dismissed, or threatened with dismissal, compensation for loss suffered as a result of the dismissal or threatened dismissal.

 (2C) The Court may make orders under subsection (2A) in addition to, or instead of, imposing a pecuniary penalty.

 (3) Each of the following is an eligible person for the purposes of this section:
 (a) a workplace inspector;
 (b) an individual affected by the contravention;
 (c) an organisation of employees of which the individual affected by the contravention is (or has applied to become) a member, if it is acting with the written consent of the individual.