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NATIONAL VOCATIONAL EDUCATION AND TRAINING REGULATOR ACT 2011 - SECT 141

Continuing and multiple contraventions of civil penalty provisions

  (1)   If, under this Act, an act or thing is required to be done within a particular period or before a particular time, then, unless the contrary intention appears, the obligation to do that act or thing continues, even if the period has expired or the time has passed, until the act or thing is done.

  (2)   If a refusal or failure to comply with a requirement described in subsection   (1) contravenes a civil penalty provision, a person contravenes the provision on each day during which the person refuses or fails to comply with that requirement, including the day the Federal Court or the Federal Circuit and Family Court of Australia (Division   2) orders the person to pay a pecuniary penalty for any of the contraventions or any later day.

  (3)   Proceedings against a person for any number of orders to pay pecuniary penalties for contraventions of a civil penalty provision that are founded on the same facts, or form, or are part of, a series of contraventions of the same or a similar character, may be joined.

  (4)   The Federal Court or the Federal Circuit and Family Court of Australia (Division   2) may make a single order to pay a pecuniary penalty for all the contraventions described in subsection   (3), but the penalty must not exceed the sum of the maximum penalties that could be ordered if a separate penalty were ordered for each of the contraventions.

  (5)   Subsection   (1) does not affect the application of section   4K of the Crimes Act 1914 in relation to any law of the Commonwealth.



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