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Compliance and enforcementChapter 4 Civil remediesPart 4-1

OrdersDivision 2

Regulation4.01A

Chapter 4—Compliance and enforcement

Part 4-1—Civil remedies

Division 2—Orders

4.01AApplications for orders in relation to contraventions of civil remedy provisions

(1) For subsection 539(3) of the Act, a provision referred to in an item of the table in subregulation (2) is a civil remedy provision.

(2) For each civil remedy provision in an item of the table, the table sets out: (a) the persons who would be referred to in column 2 of the table in subsection 539(2) of the Act if there were an item for the civil remedy provision in that table; and

(b) the Courts that would be referred to in column 3 of that table; and

(c) the maximum penalty that would be referred to in column4 of that table.

Item
Civil remedy provision

Persons

Courts

Maximum penalty

Federal Court

Federal Circuit and Family Court of Australia (Division 2)

An eligible State or Territory Court 20 penalty units

1

subregulation 3.13(7)

An applicant for the protected action ballot order

The protected action ballot agent

An employee organisation

An inspector

Federal Court

Federal Circuit and Family Court of Australia (Division 2)

An eligible State or Territory Court 20 penalty units

2

subregulation 3.13(8)

An applicant for the protected action ballot order

The protected action ballot agent

An employee organisation

An inspector

Federal Court

Federal Circuit and Family Court of Australia (Division 2)

An eligible State or Territory Court 20 penalty units

3

subregulation 3.19(10)

The protected action ballot agent

An inspector

4

subregulation 3.31(2)

An employee An inspector

Federal Court Federal Circuit and

20 penalty units

Fair Work Regulations 2009

67

Compilation No. 36

Compilation date: 11/09/2021

Registered: 19/10/2021

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