CONSTRUCTION INDUSTRY LONG SERVICE LEAVE ACT 1987 - SECT 43
CONSTRUCTION INDUSTRY LONG SERVICE LEAVE ACT 1987 - SECT 43
(1) Offences against
this Act are summary offences.
(2) A prosecution for
an offence against this Act must be commenced within three years after the
date on which the offence is alleged to have been committed or, with the
authorisation of the Attorney-General, at any later time within six years
after the date on which the offence is alleged to have been committed.
(2a) An apparently
genuine document purporting to be signed by the Attorney-General and to
authorise the commencement of proceedings for an offence against this Act will
be accepted in any legal proceedings, in the absence of proof to the contrary,
as proof of the authorisation.
(3) Where, in
proceedings for an offence against this Act, the court finds that the
defendant has contravened, or failed to comply with, this Act, the court may,
in addition to any penalty that it may impose—
(a)
order the defendant to take specified action to make good the contravention or
default in a manner, and within a period, specified by the court;
(b)
order the defendant to furnish or make available to the Board, within a period
specified by the court, such information or records as the Board may
reasonably require for the purposes of this Act.
(4) A person to whom
an order is given under subsection (3) who fails to comply with the order
within the time specified in the order, or such further time as the court, on
application, allows, is guilty of an offence.
Maximum penalty: $5 000.