sec.15IIndustrial magistrate’s powers in proceeding for compliance notice offence

sec.15I Industrial magistrate’s powers in proceeding for compliance notice offence

This section applies in relation to a proceeding against an affected employer for a charge of a compliance notice offence. If an industrial magistrate finds the affected employer guilty of the compliance notice offence, the industrial magistrate may, in addition to any penalty that may be imposed for the offence, order the affected employer to pay to each affected child the compliance notice amount for the child or the amount the industrial magistrate considers appropriate for the child. Subsection (2) applies whether there is a finding of guilt or the acceptance of a plea of guilty in relation to the compliance notice offence and whether or not a conviction is recorded for the offence. However, if the industrial magistrate does not find the affected employer guilty of the compliance notice offence but, on the balance of probabilities, is satisfied the affected employer should be required to pay an amount to each affected child, the industrial magistrate may order the affected employer to pay to each affected child the compliance notice amount for the child or the amount the industrial magistrate considers appropriate for the child. The industrial magistrate may make the order despite any express or implied provision of an agreement and on the terms the industrial magistrate considers appropriate. Without limiting the powers of an industrial magistrate in a proceeding for a compliance notice offence, the industrial magistrate may, before making an order against an affected employer under this section, order that an inspector make an application under section 15N and adjourn the proceeding until a date fixed by the court or a date to be fixed without making a finding of guilt against the employer. If the industrial commission makes an order of the kind mentioned in section 15O (2) or (3) on an application under section 15N , the industrial magistrate must not make an order under subsection (4) . In this section— affected child , in relation to a compliance notice, means a child who is covered by an agreement or arrangement that is the subject of the compliance notice. compliance notice amount means the amount stated in a direction in a compliance notice as the amount an affected employer must pay to a child. compliance notice offence means an offence against section 15F (3) . s 15I ins 2007 No. 23 s 46 (sec.15I-ssec.1) This section applies in relation to a proceeding against an affected employer for a charge of a compliance notice offence. (sec.15I-ssec.2) If an industrial magistrate finds the affected employer guilty of the compliance notice offence, the industrial magistrate may, in addition to any penalty that may be imposed for the offence, order the affected employer to pay to each affected child the compliance notice amount for the child or the amount the industrial magistrate considers appropriate for the child. (sec.15I-ssec.3) Subsection (2) applies whether there is a finding of guilt or the acceptance of a plea of guilty in relation to the compliance notice offence and whether or not a conviction is recorded for the offence. (sec.15I-ssec.4) However, if the industrial magistrate does not find the affected employer guilty of the compliance notice offence but, on the balance of probabilities, is satisfied the affected employer should be required to pay an amount to each affected child, the industrial magistrate may order the affected employer to pay to each affected child the compliance notice amount for the child or the amount the industrial magistrate considers appropriate for the child. (sec.15I-ssec.5) The industrial magistrate may make the order despite any express or implied provision of an agreement and on the terms the industrial magistrate considers appropriate. (sec.15I-ssec.6) Without limiting the powers of an industrial magistrate in a proceeding for a compliance notice offence, the industrial magistrate may, before making an order against an affected employer under this section, order that an inspector make an application under section 15N and adjourn the proceeding until a date fixed by the court or a date to be fixed without making a finding of guilt against the employer. (sec.15I-ssec.7) If the industrial commission makes an order of the kind mentioned in section 15O (2) or (3) on an application under section 15N , the industrial magistrate must not make an order under subsection (4) . (sec.15I-ssec.8) In this section— affected child , in relation to a compliance notice, means a child who is covered by an agreement or arrangement that is the subject of the compliance notice. compliance notice amount means the amount stated in a direction in a compliance notice as the amount an affected employer must pay to a child. compliance notice offence means an offence against section 15F (3) .