Victorian Consolidated Legislation

Construction Industry Long Service Leave Act 1997 - SECT 11

Enforcement of information request

11. Enforcement of information request



(1) Irrespective of whether a proceeding is commenced for an offence against
section 10(3)(a), the trustee may apply to the Magistrates' Court for an order
directing a person to whom a notice was given under section 10(1) to comply
with the notice within a specified time.

(2) On an application under subsection (1) the Magistrates' Court must, if it
considers that there are reasonable grounds for believing that the person has
refused or failed to comply with the notice, grant the application unless it
considers that in the circumstances there are reasonable grounds for not doing
so.

(3) In the application of section 135 of the Magistrates' Court Act 1989 to an
order under this section-

   (a)  subsection (3)(a) of section 135 has effect as if it provided for a
        fine of not more than 10 penalty units for every day during which the
        default continues; and

   (b)  subsection (4)(b) of section 135 has effect as if it provided for
        maximum aggregate sums of 400 penalty units.