Chapter 4Compliance and enforcement
Part 4-1Civil remedies
Division 4General provisions relating to civil remedies and infringement notices
(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(a) to have an infringement notice withdrawn; or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
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.
Compilation No. 36
Fair Work Regulations 2009
Compilation date: 11/09/2021