Commonwealth Consolidated Acts

BUILDING AND CONSTRUCTION INDUSTRY IMPROVEMENT ACT 2005 - SECT 48

             (1)  In this Part, unless the contrary intention appears:

"appropriate court" means:

                     (a)  for a contravention of section 38--the Federal Court, the Federal Magistrates Court, a Supreme Court of a State or Territory or a District Court, or County Court, of a State; or

                     (b)  for any other contravention--the Federal Court.

"pecuniary penalty order" means an order under paragraph 49(1)(a).

"person" , in relation to a contravention of a civil penalty provision, includes an industrial association.

             (2)  For the purposes of this Part, a person who is involved in a contravention of a civil penalty provision is treated as having contravened that provision. For this purpose, a person is involved in a contravention of a civil penalty provision if, and only if, the person:

                     (a)  has aided, abetted, counselled or procured the contravention; or

                     (b)  has induced the contravention, whether by threats or promises or otherwise; or

                     (c)  has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or

                     (d)  has conspired with others to effect the contravention.