77General penalty

77 General penalty

Where by any provision of this Act an offence is created and no penalty is expressly provided in respect thereof, every person liable for such offence shall be liable to a penalty of not more than 10 penalty units for a first offence and of not more than 20 penalty units for any subsequent offence against that provision.

Pt 3
Divs 11, 12 repealed.[12]

Pt 4 (Heading and ss 80–90) amended by Nos 6986 s. 6, 7292 ss 12(1)(2)(f)
(g)(h)(i)(3) (c)(d), 13, 14, 8165 s. 15, 8181 s. 2(1)(Sch. item 194), 8353 s. 19, 8733 ss 9(2), 12,
21–23, 9136 s. 2(1)(f), 9297 s. 11(e)–(j), 9372 s. 4(1), 9549 s. 2(1)(Sch. items 260–262), 9613 ss 15, 16, 9902 s. 2(1)(Sch. item 278), 9921 s. 255, 10089 s. 4(1), 10100 ss 13, 14(1)(2), 15, substituted as Pt 4 (Heading and ss 80–84) by No. 10191 s. 267, repealed by No. 50/1994 s. 115.

Pt 4A (Heading) inserted by No. 10191 s. 267, amended by No. 29/2006 s. 3(Sch. 1 item 39.2).

Part IVA—Certain payments out of the Fund

S. 85 substituted by No. 10191 s. 267.

85 Payments out of Fund where employer uninsured

(1) This section applies to and in relation to any award of compensation made—

(a) under this Act (whether before, on or after the appointed day) or any corresponding previous enactment;

(b) in respect of the death incapacity and disablement of a worker or the costs of medical hospital nursing or ambulance services or of cremation or burial; and

(c) against an employer whose liability in respect of that death incapacity or disablement or those costs is not or may not be covered or is not fully covered—

(i) by a policy of insurance or indemnity in accordance with this Act as in force before the appointed day; or

(ii) by the terms of a scheme in respect of which a certificate was before the appointed day in force under this Act.

S. 85(2) amended by No. 50/1994 s. 122(a).

(2) Where any payment under an award remains unpaid for a period of not less than one month after the due date for payment, the person or the agent of the person in whose favour the award was made may apply to the County Court for payment out of the Fund.

S. 85(3) substituted by No. 83/1987 s. 109(7), amended by No. 50/1994 s. 122(b)(i)(ii).

(3) The County Court may order that all or any of the payments to be made under the award (whether payable at the date of the order or to become payable after) are to be paid out of the Fund if the County Court is satisfied that—

(a) a copy of the award—

(i) has been served on the employer; or