15Civil penalty for contravention of section 4

#### 15 Civil penalty for contravention of section 4 15 Civil penalty for contravention of section 4 > > (1) If an industrial court is satisfied that an affected employer of a child has contravened section 4, it may order the employer to pay a pecuniary penalty not exceeding $10,000 (a civil penalty). > > > (2) Proceedings for a civil penalty may be instituted by an inspector. > > > > Note. > > > > A civil penalty may also be sought in proceedings on an appeal under section 12. See section 12 (4). > > > (3) Proceedings for a civil penalty may be instituted within 6 years after the contravention. > > > (4) To avoid doubt, the rules of evidence apply to proceedings for a civil penalty. > > > (5) Evidence given in proceedings for the recovery of money under Part 2 of Chapter 7 of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017) (as applied to and for the purposes of this Part by section 16) is not admissible in proceedings for a civil penalty. > > > (6) In determining the amount of the pecuniary penalty that an affected employer of a child should be ordered to pay, the industrial court may take into account any of the following matters— > > > > > (a) whether or not the employer has made a reasonable effort to provide the child with the minimum conditions of employment for the child, > > > > > (b) whether or not the child understood and consented to the provision of the conditions of employment that the employer has actually provided to the child, > > > > > (c) any other matter that the court considers relevant. > > > (7) In any proceedings for a civil penalty, the industrial court may award costs to either party and assess the amount of those costs. Costs cannot be awarded against the prosecutor except in the circumstances in which costs can be awarded against the prosecutor in criminal proceedings. > > > (8) The following provisions apply to contraventions of section 4 and to proceedings for a civil penalty for such a contravention in the same way as they apply to criminal proceedings for an offence against the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017)— > > > > > (a) Sections 400–403 of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017) (as applied to and for the purposes of this Part by section 16). > > > > > (b) The provisions of any Act relating to the recovery of penalties imposed for an offence. > > > > > (c) Any provision of this or any other Act relating to criminal proceedings that is applied to this section by the regulations (whether with or without modification).