PAID PARENTAL LEAVE ACT 2010 - SECT 159 Infringement notices

PAID PARENTAL LEAVE ACT 2010 - SECT 159

Provisions subject to an infringement notice

  (1)   The following civil penalty provisions of this Act are subject to an infringement notice under Part   5 of the Regulatory Powers Act:

  (a)   subsection   82(2) (which deals with notifying the Secretary if certain events happen);

  (b)   section   103 (which deals with responding to an employer determination);

  (c)   subsection   105(3) (which deals with giving bank account and pay cycle information etc. after a review);

  (d)   subsection   157(4), in relation to a compliance notice given to a person by the Secretary.

Note:   Part   5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.

Infringement officer and relevant chief executive for the provisions mentioned in subsection   (1)

  (2)   For the purposes of Part   5 of the Regulatory Powers Act, the Secretary is an infringement officer and the relevant chief executive in relation to the provisions mentioned in subsection   (1).

Further provisions subject to an infringement notice

  (3)   The following civil penalty provisions of this Act are subject to an infringement notice under Part   5 of the Regulatory Powers Act:

  (a)   subsection   70(2) (which deals with unauthorised deductions from instalments);

  (b)   subsection   72(1), (2) or (3) (which deals with when an employer pays instalments);

  (c)   section   74 (which deals with the method of payment of instalments payable by an employer);

  (d)   section   80 (which deals with giving a person a record of a payment);

  (e)   subsection   81(1) or (2) (which deals with keeping records);

  (f)   subsection   157(4), in relation to a compliance notice given to a person by the Fair Work Ombudsman.

Infringement officer and relevant chief executive for the provisions mentioned in subsection   (3)

  (4)   For the purposes of Part   5 of the Regulatory Powers Act, the Fair Work Ombudsman is an infringement officer and the relevant chief executive in relation to the provisions mentioned in subsection   (3).

Time limit for giving an infringement notice

  (5)   Despite subsection   103(2) of the Regulatory Powers Act, an infringement notice given in relation to a failure to comply with a compliance notice under subsection   157(4) must be given within 12 months of the day on which the 14 - day period referred to in subsection   157(3) of this Act ends.

Amount to be stated in infringement notice

  (6)   Despite subsections   104(2) and (3) of the Regulatory Powers Act, the amount to be stated in an infringement notice for the purposes of paragraph   104(1)(f) of that Act in relation to a provision mentioned in subsection   (1) or (3) must be:

  (a)   if the infringement notice is given to a body corporate for a single contravention:

  (i)   in relation to a contravention of section   80 (which deals with giving a person a record of payments) or subsection   81(1) or (2) (which deals with keeping records)--15 penalty units; and

  (ii)   in relation to a contravention of a compliance notice given in relation to a contravention of section   80 or subsection   81(1) or (2)--15 penalty units; and

  (iii)   otherwise--30 penalty units; or

  (b)   if the infringement notice is given to a person other than a body corporate for a single contravention:

  (i)   in relation to a contravention of section   80 (which deals with giving a person a record of payments) or subsection   81(1) or (2) (which deals with keeping records)--3 penalty units; and

  (ii)   in relation to a contravention of a compliance notice given in relation to a contravention of section   80 or subsection   81(1) or (2)--3 penalty units; and

  (iii)   otherwise--6 penalty units; or

  (c)   if the infringement notice is given to a person (whether or not a body corporate) for a number of contraventions--the number of penalty units worked out by multiplying the penalty units for a single contravention (worked out under paragraph   (a) or (b)) by the number of alleged contraventions to which the notice relates.

Delegation

  (7)   The Secretary may, in writing, delegate the Secretary's powers and functions under Part   5 of the Regulatory Powers Act, as that Part applies in relation to a provision mentioned in subsection   (1) or (3), to:

  (a)   the Chief Executive Centrelink; or

  (b)   the Chief Executive Medicare; or

  (c)   an SES employee or an acting SES employee.

  (8)   If the Secretary delegates any of the Secretary's powers or functions under Part   5 of the Regulatory Powers Act, as that Part applies in relation to a provision mentioned in subsection   (1) or (3), to the Chief Executive Centrelink, the Chief Executive Centrelink cannot, despite any provision in the Human Services (Centrelink) Act 1997 , delegate the power to a Departmental employee (within the meaning of that Act) who is neither:

  (a)   an SES employee; nor

  (b)   an acting SES employee.

  (9)   If the Secretary delegates any of the Secretary's powers or functions under Part   5 of the Regulatory Powers Act, as that Part applies in relation to a provision mentioned in subsection   (1) or (3), to the Chief Executive Medicare, the Chief Executive Medicare cannot, despite any provision in the Human Services (Medicare) Act 1973 , delegate the power to a Departmental employee (within the meaning of that Act) who is neither:

  (a)   an SES employee; nor

  (b)   an acting SES employee.

Territories of Christmas Island and Cocos (Keeling) Islands

  (10)   Part   5 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsections   (1) and (3), extends to the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands.