12Proceedings for recovery of penalties

#### 12 Proceedings for recovery of penalties 12 Proceedings for recovery of penalties > > (1) Proceedings for the recovery of a penalty under this Act are to be taken before the Local Court or before the Industrial Relations Commission in Court Session and may be taken by— > > > > > (a) an inspector, or > > > > > (b) the secretary of an industrial organisation whose members are engaged in the industry concerned, or > > > > > (c) a person whose rights are impaired. > > > (2) In any such proceedings the Local Court or Industrial Relations Commission in Court Session may, in addition to the imposition of any penalty, make such an order with respect to any remuneration or payment due to a worker under this Act as might have been made in proceedings taken under section 13. Such order may be made without motion and shall be a bar to further proceedings under section 13 in respect of such remuneration or payment. > > > (3) In any proceedings under this section the Local Court or Industrial Relations Commission in Court Session before which such proceedings are taken may award costs to either party and assess the amount of such costs. > > > (4) (Repealed) > > > (5) The prosecutor may conduct the case personally or by an Australian legal practitioner or an agent duly authorised by the prosecutor in writing. > > **s 12:** Am 1964 No 31, sec 2 (c); 1983 No 91, Sch 2 (5); 1991 No 17, Sch 1; 1991 No 34, Sch 3; 1996 No 121, Sch 4.3 \[3\]; 1997 No 147, Sch 2.2; 2001 No 121, Sch 2.12 \[1\]; 2005 No 98, Sch 3.3; 2007 No 94, Sch 2; 2016 No 48, Sch 2.1 \[1\]; 2023 No 41, Sch 2.1\[1\].