140QCivil penalty—failing to satisfy sponsorship obligations

140Q  Civil penalty—failing to satisfy sponsorship obligations  (1) A person contravenes this subsection if:  (a) the regulations impose a sponsorship obligation on the person; and  (b) the person fails to satisfy the sponsorship obligation in the manner (if any) or within the period (if any) prescribed by the regulations. Civil penalty:  (a) if the person is an approved work sponsor—240 penalty units; or  (b) in any other case—60 penalty units.  (2) A person contravenes this subsection if:  (a) the person (other than a Minister) is a party to a work agreement; and  (b) the terms of the work agreement:  (i) vary a sponsorship obligation that would otherwise be imposed on the person by the regulations; or  (ii) impose an obligation, identified in the agreement as a sponsorship obligation, on the person; and  (c) the person fails to satisfy the sponsorship obligation in the manner (if any) or within the period (if any) specified in the work agreement. 140RA  Enforceable undertakings Enforceable provision  (1) Section 140H is enforceable, in relation to a sponsorship obligation, under Part 6 of the Regulatory Powers Act. Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions. Authorised person  (2) For the purposes of Part 6 of the Regulatory Powers Act, the Minister is an authorised person in relation to the provision mentioned in subsection (1).  (2A) The Minister may, in writing, delegate the Minister’s powers and functions under Part 6 of the Regulatory Powers Act to an authorised officer in relation to the provision mentioned in subsection (1).  (2B) The Minister may delegate a power or function under subsection (2A) only if the Minister is satisfied that the authorised officer has appropriate qualifications, training or experience to exercise the power or perform the function.  (2C) An authorised officer exercising powers or performing functions under a delegation under subsection (2A) must comply with any directions of the Minister. Relevant court  (3) For the purposes of Part 6 of the Regulatory Powers Act, an eligible court is a relevant court in relation to the provision mentioned in subsection (1). Relationship with compliance notices  (3A) The authorised person in relation to the provision mentioned in subsection (1) must not accept an undertaking from a person in relation to a sponsorship obligation if that person has been given a notice under section 140RB in relation to a contravention relating to the sponsorship obligation. Enforceable undertaking may be published on the internet  (4) The authorised person in relation to the provision mentioned in subsection (1) may publish an undertaking given in relation to the provision on the Department’s website. Extension to external Territories  (5) Part 6 of the Regulatory Powers Act, as it applies in relation to the provision mentioned in subsection (1), extends to a Territory to which this Act extends. Note: See section 7 of this Act. 140RB  Compliance notices  (1) This section applies if an authorised officer reasonably believes that a person who is or was an approved work sponsor has contravened subsection 140Q(1) or (2) (failing to satisfy sponsorship obligations). Giving a compliance notice  (2) The authorised officer may give the person a notice (a compliance notice) specifying action that the person must, within such reasonable time as is specified in the notice, take or refrain from taking to address the contravention. Note: The compliance notice may be varied or revoked under subsection 33(3) of the Acts Interpretation Act 1901.  (3) The compliance notice may require the person to produce reasonable evidence of compliance with the notice.  (4) The compliance notice must also:  (a) set out the name of the person; and  (b) set out the name of the authorised officer; and  (c) set out a summary of the contravention; and  (d) explain that a failure to comply with the notice may contravene a civil penalty provision; and  (e) set out any other prescribed matters. Person must comply with compliance notice  (5) A person who is given a compliance notice must comply with the notice. Note: It is not necessary to prove a person’s state of mind in proceedings for a civil penalty order (see section 486ZF). Effect of compliance with compliance notice  (6) A person who complies with a compliance notice is not taken by that compliance to have admitted to the contravention in relation to which the notice is given. Relationship with enforceable undertakings  (7) An authorised officer must not give a person a compliance notice in relation to a contravention relating to a sponsorship obligation if:  (a) the person has given an undertaking under section 140RA in relation to that sponsorship obligation; and  (b) the undertaking has not been withdrawn. Relationship with civil penalty provisions  (8) The Minister must not apply for an order under subsection 486R(1) (civil penalty orders) in relation to a contravention of subsection 140Q(1) or (2) by a person if:  (a) an authorised officer has given the person a compliance notice in relation to the contravention; and  (b) either of the following subparagraphs applies:  (i) the notice has not been withdrawn, and the person has complied with the notice;  (ii) the person has made an application to a court for judicial review of the decision to give the notice and the application has not been completely dealt with. Subdivision E—Liability and recovery of amounts 140S  Liability to pay amounts  (1) This section applies if a person who is or was an approved sponsor is required to pay an amount of a kind prescribed in the regulations to the Commonwealth, a State or Territory or another person (the payee) in relation to a sponsorship obligation.  (2) The payee may recover the amount as a debt due to the payee in an eligible court.  (3) To avoid doubt, an amount may be recovered under this section if proceedings for a civil penalty order are brought under Part 8D and discontinued or completed without the court making an order of a kind referred to in subsection 486S(4) in relation to the amount.  (4) For the purpose of paragraph (e) of the definition of eligible court, the regulations may prescribe a court of a State or Territory in which an amount may be recovered under this section. 140SA  Interest up to judgment  (1) A party to proceedings under section 140S may apply to the eligible court for an order under subsection (2).  (2) If an application is made under subsection (1), the eligible court must, unless good cause is shown to the contrary, either:  (a) order that there be included in the sum for which judgment is given interest at such rate as the eligible court thinks fit on the whole or any part of the money for the whole or any part of the period between:  (i) the date when the cause of action arose; and  (ii) the date as of which judgment is entered; or  (b) without proceeding to calculate interest in accordance with paragraph (a)—order that there be included in the sum for which judgment is given, a lump sum instead of any such interest.  (3) Subsection (2) does not:  (a) authorise the giving of interest upon interest or of a sum instead of such interest; or  (b) apply in relation to any debt upon which interest is payable as of right, whether because of an agreement or otherwise; or  (c) authorise the giving of interest, or a sum instead of interest, otherwise than by consent, upon any sum for which judgment is given by consent. 140SB  Interest on judgment   A judgment debt under a judgment of an eligible court under section 140S carries interest:  (a) from the date as of which the judgment is entered; and  (b) at the rate that would apply under section 52 of the Federal Court of Australia Act 1976 as if the debt were a judgment debt to which that section applies. 140SC  Certain plaintiffs may choose small claims procedure in magistrates courts  (a) a person brings proceedings under section 140S in a magistrates court; and  (b) the person indicates, in a manner prescribed by the regulations or by rules of court relating to that court, that the person wants a small claims procedure to apply in relation to the proceeding.  (2) The procedure is governed by the following conditions:  (a) the court may not award an amount exceeding $5,000 or such higher amount as is prescribed;  (b) the court may act in an informal manner, is not bound by any rules of evidence, and may act without regard to legal forms and technicalities;  (c) at any stage of the action, the court may amend the papers initiating the action if sufficient notice is given to any party adversely affected by the amendment;  (d) a person is not entitled to legal representation unless allowed by the court.  (3) If the court allows a person to have legal representation, the court may, if it thinks fit, do so subject to conditions designed to ensure that a party is not unfairly disadvantaged.  (4) Despite paragraph (2)(d) and subsection (3):  (a) in a case heard in a court of a State—if, in a particular proceeding (whatever the nature of the proceeding) the law of the State prohibits or restricts legal representation of the parties, the regulations may prohibit or restrict legal representation of the parties to the same extent as that law; and  (b) in a case heard in a court of a Territory—the regulations may prohibit or restrict legal representation of the parties. 140T  Notice regarding amount of debt or other amount  (1) Where a debt, or other amount, that a person is required to pay to the Commonwealth becomes payable, the Minister may issue a notice in writing stating the amount of the debt or other amount.  (2) In any proceedings a notice under this section is prima facie evidence that the amount of the debt or other amount is that stated in the notice. 140U  Liability is in addition to any other liability   Any liability created under this Division is in addition to any liability created under:  (a) this or any other Act; or  (b) regulations made under this or any other Act. Subdivision F—Inspector powers 140UA  Exercise of inspector powers  (1) An inspector may exercise powers under this Subdivision for a purpose set out in section 140X. Note: Inspectors include Fair Work Inspectors (see section 140V).  (2) A Fair Work Inspector may, subject to section 706 of the Fair Work Act 2009, exercise compliance powers under Subdivision D of Division 3 of Part 5‑2 of that Act for the purposes of this Subdivision. Note: Under paragraph 706(1)(d) of the Fair Work Act 2009, a Fair Work Inspector may exercise certain compliance powers for the purposes of a provision of another Act that confers functions or powers on Fair Work Inspectors.