sec.402Magistrate may order repayment of fees—civil proceedings

### sec.402 Magistrate may order repayment of fees—civil proceedings An application may be made to a magistrate for an order for the repayment of a fee received by a private employment agent in contravention of section 400 (1) or (2) from a person ( claimant ). The application may be made by— the claimant; or an employee organisation, of which the claimant is a member, acting for the claimant; or another person authorised to act for the claimant; or an inspector. The application must be made within 6 years after the claimant gave the agent the fee. On hearing the application, the magistrate— must order the agent to repay to the claimant the amount the magistrate finds to be the fee the agent has received from the claimant in contravention of section 400 (1) or (2) if— the fee has not been repaid to the claimant; and the agent is not liable to repay the fee to the claimant under an existing order under section 401 or 405 ; and may make an order for the repayment despite an express or implied provision of an agreement to the contrary; and may order the repayment to be made on the terms the magistrate considers appropriate; and may order 1 party to pay costs to another party in an amount assessed by the magistrate. A person can not make an application under this section if an application has been made under section 403 about the same matter. (sec.402-ssec.1) An application may be made to a magistrate for an order for the repayment of a fee received by a private employment agent in contravention of section 400 (1) or (2) from a person ( claimant ). (sec.402-ssec.2) The application may be made by— the claimant; or an employee organisation, of which the claimant is a member, acting for the claimant; or another person authorised to act for the claimant; or an inspector. (sec.402-ssec.3) The application must be made within 6 years after the claimant gave the agent the fee. (sec.402-ssec.4) On hearing the application, the magistrate— must order the agent to repay to the claimant the amount the magistrate finds to be the fee the agent has received from the claimant in contravention of section 400 (1) or (2) if— the fee has not been repaid to the claimant; and the agent is not liable to repay the fee to the claimant under an existing order under section 401 or 405 ; and may make an order for the repayment despite an express or implied provision of an agreement to the contrary; and may order the repayment to be made on the terms the magistrate considers appropriate; and may order 1 party to pay costs to another party in an amount assessed by the magistrate. (sec.402-ssec.5) A person can not make an application under this section if an application has been made under section 403 about the same matter. - (a) the claimant; or - (b) an employee organisation, of which the claimant is a member, acting for the claimant; or - (c) another person authorised to act for the claimant; or - (d) an inspector. - (a) must order the agent to repay to the claimant the amount the magistrate finds to be the fee the agent has received from the claimant in contravention of section 400 (1) or (2) if— (i) the fee has not been repaid to the claimant; and (ii) the agent is not liable to repay the fee to the claimant under an existing order under section 401 or 405 ; and - (i) the fee has not been repaid to the claimant; and - (ii) the agent is not liable to repay the fee to the claimant under an existing order under section 401 or 405 ; and - (b) may make an order for the repayment despite an express or implied provision of an agreement to the contrary; and - (c) may order the repayment to be made on the terms the magistrate considers appropriate; and - (d) may order 1 party to pay costs to another party in an amount assessed by the magistrate. - (i) the fee has not been repaid to the claimant; and - (ii) the agent is not liable to repay the fee to the claimant under an existing order under section 401 or 405 ; and