400EApplication for civil penalty orders

#### 400E Application for civil penalty orders 400E Application for civil penalty orders > > (1) The following persons may apply to the industrial court for a civil penalty order— > > > > > (a1) a person affected by the contravention, other than a contravention of section 136A or 357, > > > > > (a) an industrial organisation— > > > > > > > (i) concerned in the industry to which the proceedings relate, or > > > > > > > (ii) on behalf of the person affected by the contravention if the person is a member of the industrial organisation, > > > > > (b) an industrial organisation or employer bound by the industrial instrument concerned, > > > > > (c) an inspector, > > > > > (d) a person authorised by the Minister or this Act to institute proceedings for offences. > > > (2) An application for a civil penalty order for an alleged contravention of the civil penalty provision under section 144N must not be made unless a sexual harassment order has been made for the same or substantially the same conduct constituting the alleged contravention. > > **s 400E:** Ins 2025 No 42, Sch 1\[28\]. Am 2025 No 42, Sch 1\[29\] \[30\].