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 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 his or her Australian legal practitioner or an agent duly authorised by the prosecutor in writing.

s 11: Am 1983 No 100, Sch 2 (8); 1991 No 17, Sch 1; 1991 No 34, Sch 3; 1996 No 121, Sch 4.37 [9]; 2005 No 98, Sch 3.42; 2007 No 94, Sch 4.