46DEffect of compliance notice

46D Effect of compliance notice

S. 46D(1) amended by No. 35/2025 s. 67.

(1) On or before the date specified in a compliance notice or, if the Workforce Inspectorate Victoria has extended the date under section 46B(3), on or before that extended date—

(a) no proceeding may be commenced for an offence against this Act that is constituted by the alleged contravention to which the compliance notice relates; and

(b) no other enforcement action may be taken in respect of the alleged contravention to which the compliance notice relates.

S. 46D(2) amended by No. 35/2025 s. 67.

(2) If a person fulfils all of the requirements of a compliance notice, after the date specified in the notice or, if the Workforce Inspectorate Victoria has extended the date under section 46B(3), after that extended date—

(a) no proceeding may be commenced for an offence against this Act that is constituted by the alleged contravention to which the compliance notice related; and

(b) no other enforcement action may be taken in respect of the alleged contravention to which the compliance notice related.

(3) The fulfillment of the requirements of a compliance notice by a person is not and must not be taken to be—

(a) if the provision of this Act specified in the notice is an offence, an admission of guilt in relation to the offence; or

(b) an admission that the person has contravened the provision of this Act specified in the notice for the purposes of any enforcement action, and the fulfillment of the requirements does not in any way affect or prejudice any such enforcement action.

S. 46D(4) substituted by No. 27/2022 s. 73.

(4) In this section—

S. 46D(4) def. of enforcement action amended by No. 35/2025 s. 67.

enforcement action means the variation, suspension or cancellation of the person's licence by the Workforce Inspectorate Victoria.

Division 2—Offences

S. 47 (Heading) substituted by No. 27/2022 s. 39(1).

47 Offences relating to failing to produce documents, hindering authorised officers and giving false or misleading information

S. 47(1)
substituted by No. 26/2010 s. 30(1), amended by No. 27/2022 s. 39(3).

(1) A person must not, without reasonable excuse—

(a) fail to comply with a request to produce documents or answer questions under section 43; or

(b) fail to comply with a notice to produce documents or provide information under section 44; or

S. 47(1)(c) amended by No. 27/2022 s. 39(2).