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].