19Summary procedure for offences

19 Summary procedure for offences

19 Summary procedure for offences

(1) Proceedings for an offence against this Act or the regulations shall be disposed of summarily—

(a) before the Local Court, or

(b) before an Industrial Local Court Judge.

(2) The provisions of the Principal Act, and the regulations made under that Act, relating to proceedings before an Industrial Local Court Judge and to appeals from an Industrial Local Court Judge to the Commission apply to proceedings before an Industrial Local Court Judge for offences against this Act or the regulations as if the proceedings under this Act were proceedings under that Act.

(3) In proceedings for an offence against this Act or the regulations, the prosecution case may be conducted—

(a) by the informant, or

(b) on behalf of the informant by an Australian legal practitioner or public servant, or

(c) on behalf of the informant by an agent authorised in writing by the informant.

(4) In relation to a contravention or failure to comply with both sections 7 and 8 in connection with the termination or proposed termination of employment of a particular employee, the employer is, if punished in respect of one of those offences, not liable to be punished in respect of the other.

(5) In this section—

Industrial Local Court Judge has the same meaning as in the Industrial Relations Act 1996.

s 19: Am 1991 No 17, Sch 1; 2001 No 121, Sch 2.97; 2005 No 98, Sch 3.21; 2007 No 94, Sch 2; 2025 No 61, Sch 2.42[1] [2].