Commonwealth Consolidated Acts Commonwealth Consolidated Acts1 Subsection 3(3)
Repeal the subsection.
2 Section 6 (definition of civil penalty order )
Repeal the definition.
3 Section 6 (definition of civil penalty provision )
Repeal the definition, substitute:
"civil penalty provision" has the same meaning as in the Regulatory Powers Act.
4 Section 6 (definition of infringement notice )
Repeal the definition.
5 Section 6 (definition of involved in )
Repeal the definition.
6 Section 6
Insert:
"Regulatory Powers Act" means the Regulatory Powers (Standard Provisions) Act 2014 .
7 At the end of subsection 127(1)
Add ", or the Regulatory Powers Act as that Act applies in relation to this Act".
8 Paragraph 127(2)(d)
After "for the purposes of this Act", insert ", or the Regulatory Powers Act as that Act applies in relation to this Act".
9 Subsection 128(1)
After "under this Act" (first occurring), insert "or the Regulatory Powers Act as that Act applies in relation to this Act".
10 Section 140
Omit "Civil penalty orders may be sought in relation to contraventions of civil penalty provisions", substitute "Civil penalty orders may be sought under Part 4 of the Regulatory Powers Act in relation to contraventions of the civil penalty provisions of this Act".
11 Section 140
After "Division 5 deals with infringement notices.", insert "An infringement notice may be issued under Part 5 of the Regulatory Powers Act for an alleged contravention of a civil penalty provision of this Act . ".
12 Section 140
After "a civil penalty order", insert "under Part 4 of the Regulatory Powers Act".
13 Section 145
Repeal the section.
14 Section 146
Omit "A provision referred to in column 1 of an item in the table is a civil penalty provision .", substitute "A provision referred to in column 1 of an item in the table is a civil penalty provision , and the pecuniary penalty for the civil penalty provision is that specified in column 2 of that item.".
15 Section 146 (table, heading to column 2)
Repeal the heading, substitute:
Column 2 Penalty |
16 At the end of section 146
Add:
Note: Under subsection 82(5) of the Regulatory Powers Act the pecuniary penalty imposed must be no more than that specified (or, for a body corporate, no more than 5 times that specified).
17 Sections 147 to 155
Repeal the sections, substitute:
Enforceable civil penalty provisions
(1) Each civil penalty provision of this Act is enforceable under Part 4 of the Regulatory Powers Act.
Note: Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.
Authorised applicant
(2) For the purposes of Part 4 of the Regulatory Powers Act, each of the following persons is an authorised applicant in relation to the civil penalty provisions of this Act:
(a) the Secretary;
(b) the Fair Work Ombudsman.
Relevant court
(3) For the purposes of Part 4 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the civil penalty provisions of this Act:
(a) the Federal Court;
(b) the Federal Circuit Court.
Delegation
(4) The Secretary may, in writing, delegate the Secretary's powers and functions under Part 4 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions of this Act, to:
(a) the Chief Executive Centrelink; or
(b) the Chief Executive Medicare; or
(c) an SES employee or an acting SES employee.
(5) If the Secretary delegates any of the Secretary's powers or functions under Part 4 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions of this Act, to the Chief Executive Centrelink, the Chief Executive Centrelink cannot, despite any provision in the Human Services (Centrelink) Act 1997 , delegate the power to a Departmental employee (within the meaning of that Act) who is neither:
(a) an SES employee; nor
(b) an acting SES employee.
(6) If the Secretary delegates any of the Secretary's powers or functions under Part 4 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions of this Act, to the Chief Executive Medicare, the Chief Executive Medicare cannot, despite any provision in the Human Services (Medicare) Act 1973 , delegate the power to a Departmental employee (within the meaning of that Act) who is neither:
(a) an SES employee; nor
(b) an acting SES employee.
Territories of Christmas Island and Cocos (Keeling) Islands
(7) Part 4 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions of this Act, extends to the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands.
Liability of Crown
(8) To avoid doubt, subsection 3(2) does not prevent the Crown from being liable to pay a pecuniary penalty under a civil penalty order under Part 4 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions of this Act.
18 Paragraph 156(1)(a)
After "civil penalty order", insert "under Part 4 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions of this Act".
19 Subsection 156(6)
After "civil penalty order", insert "under the Regulatory Powers Act".
20 Division 5 of Part 4 - 2
Repeal the Division, substitute:
Division 5 -- Infringement notices
Provisions subject to an infringement notice
(1) The following civil penalty provisions of this Act are subject to an infringement notice under Part 5 of the Regulatory Powers Act:
(a) subsection 82(2) (which deals with notifying the Secretary if certain events happen);
(b) section 103 (which deals with responding to an employer determination);
(c) subsection 105(3) (which deals with giving bank account and pay cycle information etc. after a review);
(d) subsection 157(4), in relation to a compliance notice given to a person by the Secretary.
Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.
Infringement officer and relevant chief executive for the provisions mentioned in subsection ( 1)
(2) For the purposes of Part 5 of the Regulatory Powers Act, the Secretary is an infringement officer and the relevant chief executive in relation to the provisions mentioned in subsection ( 1).
Further provisions subject to an infringement notice
(3) The following civil penalty provisions of this Act are subject to an infringement notice under Part 5 of the Regulatory Powers Act:
(a) subsection 70(2) (which deals with unauthorised deductions from instalments);
(b) subsection 72(1), (2) or (3) (which deals with when an employer pays instalments);
(c) section 74 (which deals with the method of payment of instalments payable by an employer);
(d) section 80 (which deals with giving a person a record of a payment);
(e) subsection 81(1) or (2) (which deals with keeping records);
(f) subsection 157(4), in relation to a compliance notice given to a person by the Fair Work Ombudsman.
Infringement officer and relevant chief executive for the provisions mentioned in subsection ( 3)
(4) For the purposes of Part 5 of the Regulatory Powers Act, the Fair Work Ombudsman is an infringement officer and the relevant chief executive in relation to the provisions mentioned in subsection ( 3).
Time limit for giving an infringement notice
(5) Despite subsection 103(2) of the Regulatory Powers Act, an infringement notice given in relation to a failure to comply with a compliance notice under subsection 157(4) must be given within 12 months of the day on which the 14 - day period referred to in subsection 157(3) of this Act ends.
Amount to be stated in infringement notice
(6) Despite subsections 104(2) and (3) of the Regulatory Powers Act, the amount to be stated in an infringement notice for the purposes of paragraph 104(1)(f) of that Act in relation to a provision mentioned in subsection ( 1) or (3) must be:
(a) if the infringement notice is given to a body corporate for a single contravention:
(i) in relation to a contravention of section 80 (which deals with giving a person a record of payments) or subsection 81(1) or (2) (which deals with keeping records)--15 penalty units; and
(ii) in relation to a contravention of a compliance notice given in relation to a contravention of section 80 or subsection 81(1) or (2)--15 penalty units; and
(iii) otherwise--30 penalty units; or
(b) if the infringement notice is given to a person other than a body corporate for a single contravention:
(i) in relation to a contravention of section 80 (which deals with giving a person a record of payments) or subsection 81(1) or (2) (which deals with keeping records)--3 penalty units; and
(ii) in relation to a contravention of a compliance notice given in relation to a contravention of section 80 or subsection 81(1) or (2)--3 penalty units; and
(iii) otherwise--6 penalty units; or
(c) if the infringement notice is given to a person (whether or not a body corporate) for a number of contraventions--the number of penalty units worked out by multiplying the penalty units for a single contravention (worked out under paragraph ( a) or (b)) by the number of alleged contraventions to which the notice relates.
Delegation
(7) The Secretary may, in writing, delegate the Secretary's powers and functions under Part 5 of the Regulatory Powers Act, as that Part applies in relation to a provision mentioned in subsection ( 1) or (3), to:
(a) the Chief Executive Centrelink; or
(b) the Chief Executive Medicare; or
(c) an SES employee or an acting SES employee.
(8) If the Secretary delegates any of the Secretary's powers or functions under Part 5 of the Regulatory Powers Act, as that Part applies in relation to a provision mentioned in subsection ( 1) or (3), to the Chief Executive Centrelink, the Chief Executive Centrelink cannot, despite any provision in the Human Services (Centrelink) Act 1997 , delegate the power to a Departmental employee (within the meaning of that Act) who is neither:
(a) an SES employee; nor
(b) an acting SES employee.
(9) If the Secretary delegates any of the Secretary's powers or functions under Part 5 of the Regulatory Powers Act, as that Part applies in relation to a provision mentioned in subsection ( 1) or (3), to the Chief Executive Medicare, the Chief Executive Medicare cannot, despite any provision in the Human Services (Medicare) Act 1973 , delegate the power to a Departmental employee (within the meaning of that Act) who is neither:
(a) an SES employee; nor
(b) an acting SES employee.
Territories of Christmas Island and Cocos (Keeling) Islands
(10) Part 5 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsections ( 1) and (3), extends to the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands.
21 At the end of section 201A
Add "under the Regulatory Powers Act".
22 Subsection 303(1)
Omit "Divisions 3 and 5 of Part 4 - 2 and".
23 Subsection 303(1)
Omit "which deal with civil penalty orders, infringement notices and", substitute "which deals with".
24 Subsection 303(2)
Omit "Divisions 3 and 5 of Part 4 - 2 and".
25 Subsection 303(2)
Omit "which deal with civil penalty orders, infringement notices and", substitute "which deals with".
26 Subsections 303(3), (3A) and (3B)
Repeal the subsections.
Part 2 -- Application and saving provisions
27 Application and saving provision--civil penalties
(1) Part 4 of the Regulatory Powers (Standard Provisions) Act 2014 , as that Part applies in relation to Division 3 of Part 4 - 2 of the Paid Parental Leave Act 2010 , applies in relation to contraventions of civil penalty provisions occurring on or after the commencement of this Schedule.
(2) Division 3 of Part 4 - 2 of the Paid Parental Leave Act 2010 , as in force immediately before the commencement of this Schedule, continues to apply on and after that commencement in relation to contraventions of civil penalty provisions occurring before the commencement of this Schedule.
28 Application and saving provision--infringement notices
(1) Part 5 of the Regulatory Powers (Standard Provisions) Act 2014 , as that Part applies in relation to Division 5 of Part 4 - 2 of the Paid Parental Leave Act 2010 , applies in relation to alleged contraventions of civil penalty provisions occurring on or after the commencement of this Schedule.
(2) Division 5 of Part 4 - 2 of the Paid Parental Leave Act 2010 , as in force immediately before the commencement of this Schedule, continues to apply on and after that commencement in relation to alleged contraventions of civil penalty provisions occurring before the commencement of this Schedule.