Commonwealth Consolidated Acts Commonwealth Consolidated ActsCompliance notice given by Secretary
(1) This section applies if the Secretary reasonably believes that a person has contravened one or more of the following provisions:
(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).
Compliance notice given by Fair Work Ombudsman
(2) This section also applies if the Fair Work Ombudsman reasonably believes that a person has contravened one or more of the following provisions:
(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 payment);
(e) subsection 81(1) or (2) (which deals with keeping records).
Requirements of a compliance notice
(3) The Secretary or the Fair Work Ombudsman may give the person a notice (a compliance notice ) requiring the person to do the following within 14 days of the day on which the notice is given:
(a) take the action set out in the notice to rectify the contravention;
(b) produce reasonable evidence of the person's compliance with the notice.
(4) A person must not fail to comply with a compliance notice.
Note: This subsection is a civil penalty provision (see section 146).
Contents of a compliance notice
(5) A compliance notice must also:
(a) set out the name of the person to whom the notice is given; and
(b) set out the name of the person who gave the notice; and
(c) set out brief details of the alleged contravention; and
(d) explain that a failure to comply with the notice may contravene a civil penalty provision; and
(e) set out any other matters prescribed by the PPL rules.