67Enforcement of civil penalty provisions

67  Enforcement of civil penalty provisions

Enforceable civil penalty provisions

 (1) Each civil penalty provision of this Act is enforceable under Part 4 of the Regulatory Powers Act.

Note: Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.

Authorised applicant

 (2) For the purposes of Part 4 of the Regulatory Powers Act, the CEO is an authorised applicant in relation to the civil penalty provisions of this Act.

 (3) For the purposes of Part 4 of the Regulatory Powers Act, each of the following is also an authorised applicant in relation to subsection 60(7), 61(9) or 62(9):

 (a) a person that is an employee organisation that is entitled to represent the industrial interests of one or more of the transition employees of the closing employer or dependent employer that is alleged to have contravened that subsection;

 (b) a transition employee of that closing employer or dependent employer.

Relevant court

 (4) For the purposes of Part 4 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the civil penalty provisions of this Act:

 (a) the Federal Court of Australia;

 (b) the Federal Circuit and Family Court of Australia (Division 2);

 (c) a court of a State or Territory that has jurisdiction in relation to the matter.

Pecuniary penalty orders

 (5) Subsection 82(1) of the Regulatory Powers Act, to the extent that Part 4 of that Act relates to this Part, has effect as if an application made under that subsection were an application for an order that a person, who is alleged to have contravened a civil penalty provision, pay a pecuniary penalty.

 (6) In relation to an application under subsection 82(1) of the Regulatory Powers Act, to the extent that Part 4 of that Act relates to this Part, if a court is satisfied that a person has contravened a civil penalty provision of this Act, then, despite subsection 82(3) of that Act, the court is empowered under subsection 82(3) of that Act to make an order:

 (a) that the person pay a pecuniary penalty; and

 (b) that the pecuniary penalty, or a part of the pecuniary penalty, be paid to the Commonwealth, a particular organisation (within the meaning of the Fair Work Act 2009) or a particular person.

 (7) To the extent that the court orders that the pecuniary penalty, or a part of the pecuniary penalty, be paid to the Commonwealth, section 83 of the Regulatory Powers Act applies to the pecuniary penalty or the part of the pecuniary penalty.