11Recovery of penalties

#### 11 Recovery of penalties 11 Recovery of penalties > > (1) Proceedings for the recovery of a penalty under this Act are to be taken before the Local Court and may be taken by— > > > > > (a) an inspector, or > > > > > (b) the secretary of an industrial organisation within the meaning of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017) whose members are engaged in the industry concerned, or > > > > > (c) a person whose rights are impaired. > > > (2) In any such proceedings the Local Court may, in addition to the imposition of any penalty, make such an order with respect to any payment due to a worker under this Act as might have been made in proceedings taken under section 12. Such order may be made without motion and shall be a bar to further proceedings under section 12 in respect of such payment. > > > (3) In any proceedings under this section the Local Court before whom such proceedings are taken may award costs to either party and assess the amount of such costs. > > > (4) The prosecutor may conduct his or her case personally or by the prosecutor’s Australian legal practitioner or an agent duly authorised by the prosecutor in writing. > > **s 11:** Am 1983 No 99, Sch 2 (6); 1985 No 54, Sch 2 (13); 1991 No 17, Sch 1; 1991 No 34, Sch 3; 1996 No 121, Sch 4.36 \[9\]; 2005 No 98, Sch 3.41; 2007 No 94, Sch 4.