New South Wales Consolidated Acts

LONG SERVICE LEAVE (METALLIFEROUS MINING INDUSTRY) ACT 1963 - SECT 10

10 Penalties and offences

(1) Every person who contravenes or fails to comply in any respect with any provision of this Act shall be liable to a penalty not exceeding 10 penalty units.

(2) Every person who:

(a) makes any false or misleading statement in, or any material omission from, any long service leave record which the person is required to keep, or

(b) obstructs any inspector in the exercise of the inspector’s powers under this Act, or

(c) fails to comply with any requirement or direction lawfully given by an inspector under this Act or to furnish any information lawfully demanded under this Act by an inspector,

shall be liable to a penalty not exceeding 10 penalty units.

(3) Any employer who does any act or thing for the purpose of or which has the effect of in any way whether directly or indirectly:

(a) avoiding or evading any obligation imposed on the employer by this Act, or

(b) defeating, evading, avoiding or preventing the operation of this Act in any respect,

shall be liable to a penalty not exceeding 10 penalty units.

(4) Where a person convicted of an offence against this Act is a body corporate, every person who at the time of the commission of the offence was a director or officer of the body corporate shall be deemed to have committed the like offence and be liable to the penalty provided by this Act for such offence accordingly, unless the person proves that the offence was committed without the person’s knowledge or that the person used all due diligence to prevent the commission of the offence.

(5) In this section, "inspector" includes a public servant authorised under section 9 (4).