Fair Work Act 2009
Sch 1 s 18Application of amendments—increasing maximum penalties for contraventions of certain civil remedy provisions
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18 Application of amendments—increasing maximum penalties for contraventions of certain civil remedy provisions
(1) Sections 539, 557A and 557B of the amended Act apply in relation to conduct engaged in on or after the commencement of this Part.
(2) If:
(a) conduct was engaged in by a person before and after that commencement; and
(b) the conduct is part of a course of conduct referred to in subsection 557(1);
the conduct engaged in before that commencement is to be treated as constituting a separate contravention from the conduct engaged in after that commencement for the purposes of section 557.
(3) However, a court may still consider a contravention of a civil remedy provision (whether or not the provision is referred to in subsection 557(2)) by a person that occurred before the commencement of this Part for the purposes of determining whether a person’s conduct was part of a systematic pattern of conduct referred to in paragraph 557A(1)(b).