sec.19Premiums prohibited

sec.19 Premiums prohibited

A person must not, either directly or indirectly, demand, accept, or agree to accept, from another person a premium for— employing a person as an apprentice or trainee; or inducing, or attempting to induce, another person to employ a person as an apprentice or trainee; or amending a registered training contract; or cancelling a registered training contract. Maximum penalty—50 penalty units. If a person is convicted of an offence against subsection (1) , the court in which the person is convicted may order the person— to return the premium to the person who gave it; or to reimburse the person who gave the premium an amount equal to the value of the premium. Subsection (2) does not limit the court’s power to impose a penalty on the person convicted. An order under subsection (2) — may be filed in a court with jurisdiction to recover in an action for debt the amount payable under the order; and on being filed, is taken to be an order of that court and may be enforced accordingly. In this section— premium does not include a payment to a person in the form of a grant or incentive from a relevant entity for employing or training, or promoting the employment or training of, an apprentice or trainee. relevant entity means— the State; or the Commonwealth; or an entity that pays a grant or incentive under a written agreement with the State or the Commonwealth; or an employer group, union or other industry body. (sec.19-ssec.1) A person must not, either directly or indirectly, demand, accept, or agree to accept, from another person a premium for— employing a person as an apprentice or trainee; or inducing, or attempting to induce, another person to employ a person as an apprentice or trainee; or amending a registered training contract; or cancelling a registered training contract. Maximum penalty—50 penalty units. (sec.19-ssec.2) If a person is convicted of an offence against subsection (1) , the court in which the person is convicted may order the person— to return the premium to the person who gave it; or to reimburse the person who gave the premium an amount equal to the value of the premium. (sec.19-ssec.3) Subsection (2) does not limit the court’s power to impose a penalty on the person convicted. (sec.19-ssec.4) An order under subsection (2) — may be filed in a court with jurisdiction to recover in an action for debt the amount payable under the order; and on being filed, is taken to be an order of that court and may be enforced accordingly. (sec.19-ssec.5) In this section— premium does not include a payment to a person in the form of a grant or incentive from a relevant entity for employing or training, or promoting the employment or training of, an apprentice or trainee. relevant entity means— the State; or the Commonwealth; or an entity that pays a grant or incentive under a written agreement with the State or the Commonwealth; or an employer group, union or other industry body.