Part 8Civil penalties

Part 8—Civil penalties 56—Civil penalties (1) If the words "Maximum criminal penalty" and "Maximum civil penalty" both appear at the end of a provision of this Act, this indicates that the industry board for the relevant designated sector may, as an alternative to criminal proceedings, bring proceedings in SAET (constituted as the South Australian Employment Court) for the imposition of a civil penalty in respect of a contravention of the provision. (2) If the words "Maximum civil penalty" appear at the end of a provision of this Act without the words "Maximum criminal penalty", this indicates that the industry board for the relevant designated sector may bring proceedings in SAET (constituted as the South Australian Employment Court) for the imposition of a civil penalty in respect of a contravention of the provision (and in such a case a contravention does not constitute a criminal offence). (3) The proceedings in SAET for the imposition of a civil penalty in respect of a contravention may be brought against any person who is involved in the contravention (and a person who is found to have been involved in a contravention of a provision is taken to have contravened the provision). (4) A person is involved in a contravention of a provision if (and only if) the person— (a) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or (b) has induced the contravention, whether by threats or promises or otherwise; or (c) has aided, abetted, counselled or procured the contravention; or (d) has conspired with others to effect the contravention. (5) If in proceedings for the imposition of a civil penalty SAET is satisfied, on the balance of probabilities, that the person against whom the proceedings are brought has contravened the provision to which the proceedings relate, SAET may order the person to pay an amount as a civil penalty not exceeding the amount specified by this Act as the maximum civil penalty in relation to that contravention. (6) If conduct of a person constitutes a contravention of 2 or more provisions of this Act, a civil penalty may be imposed in relation to the contravention of any 1 or more of those provisions (provided that the person is not liable to pay more than 1 amount as a civil penalty in respect of the same conduct). (7) If proceedings are brought against a person for the imposition of a civil penalty under this section, criminal proceedings may not be brought against the person in respect of the same contravention (or alleged contravention). (8) Proceedings for the imposition of a civil penalty under this section may only be brought by an industry board. (9) The amount of any civil penalty is payable to the industry board that brought the proceedings. (10) Proceedings for the imposition of a civil penalty under this section may be commenced at any time within 6 years after the day on which the relevant contravention occurred. (11) SAET must apply the rules of evidence and procedure when hearing proceedings under this section. (12) SAET may, in any proceedings under this section, only order a party to pay costs to another party if SAET believes that the party ordered to pay the costs has acted unreasonably and, in so doing, caused the other party to incur costs or additional costs.