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Chapter 4Compliance and enforcement

Part 4-1Civil remedies

Division 4General provisions relating to civil remedies and infringement notices

Regulation4.02

Division 4—General provisions relating to civil remedies and infringement notices

4.02General

(1) For subsection 558(1) of the Act, this Divisionprovides for a person who is alleged to have contravened a civil remedy provision to pay a penalty to the Commonwealth as an alternative to civil proceedings

(2) This Divisiondoes not:

(a) require an infringement notice to be issued to a person for an alleged contravention of a civil remedy provision; or

(b) affect the liability of a person to proceedings for contravention of a civil remedy provision if an infringement notice is not issued to the person for the alleged contravention; or

(c) affect the liability of a person to proceedings for contravention of a civil remedy provision if the person does not comply with an infringement notice for the alleged contravention; or

(d) limit or otherwise affect the penalty that may be imposed by a court on a person for a contravention other than the contravention of the civil remedy provision for which the infringement notice was issued.

4.03Definitions for Division 4

In this Division:

civil remedy provision means a civil remedy provision in:

(a) item 29 of the table in subsection 539(2) of the Act; or

(b) items 4 to 19 of the table in subregulation 4.01A(2).

contravention means a contravention of a civil remedy provision.

infringement notice means an infringement notice under regulation 4.04.

nominated person means the person to whom a recipient can apply:

(a) to have an infringement notice withdrawn; or

(b) to be allowed more time to pay a penalty.

recipient means a person to whom an infringement notice is given under

subregulation 4.04(1).

4.03ACourse of conduct

For paragraph 557(2)(s) of the Act, each civil remedyprovision mentioned in items 4 to 19 of the table in subregulation 4.01A(2) is prescribed.

72

Compilation No. 36

Fair Work Regulations 2009

Compilation date: 11/09/2021

Registered: 19/10/2021

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