Commonwealth Consolidated Acts Commonwealth Consolidated ActsCoal Mining Industry (Long Service Leave) Administration Act 1992
1 Subsection 4(1) (definition of civil penalty order )
Repeal the definition.
2 Subsection 4(1) (definition of civil penalty provision )
Repeal the definition, substitute:
"civil penalty provision" has the same meaning as in the Regulatory Powers Act.
3 Subsection 4(1)
Insert:
"Regulatory Powers Act" means the Regulatory Powers (Standard Provisions) Act 2014 .
4 At the end of subsections 39AB(3) and (4)
Add:
Civil penalty: 60 penalty units.
5 Subsection 39AB(5) (note)
Omit "Note", substitute "Note 1".
6 At the end of subsection 39AB(5)
Add:
Note 2: Division 4 of this Part provides other remedies for contraventions of civil penalty provisions.
7 Subsection 39AB(6)
Repeal the subsection ( including the notes).
8 At the end of subsection 39AC(1)
Add:
Civil penalty: 60 penalty units.
9 Subsection 39AC(2)
Repeal the subsection.
10 At the end of section 39AC
Add:
Note: Division 4 of this Part provides other remedies for contraventions of civil penalty provisions.
11 Subsection 39AD(1)
Omit "(1)".
12 At the end of subsection 39AD(1)
Add:
Civil penalty: 60 penalty units.
Note: Division 4 of this Part provides other remedies for contraventions of civil penalty provisions.
13 Subsection 39AD(2)
Repeal the subsection ( including the notes).
14 Subsection 39BE(1)
Omit "(1)".
15 At the end of subsection 39BE(1)
Add:
Civil penalty: 60 penalty units.
Note: Division 4 of this Part provides other remedies for contraventions of civil penalty provisions.
16 Subsection 39BE(2)
Repeal the subsection ( including the notes).
17 At the end of subsection 39C(1)
Add:
Civil penalty: 60 penalty units.
18 At the end of subsection 39C(2)
Add:
Civil penalty: 60 penalty units.
Note: Division 4 of this Part provides other remedies for contraventions of civil penalty provisions.
19 Subsection 39C(3)
Repeal the subsection ( including the notes).
20 At the end of subsection 39CA(2)
Add:
Civil penalty: 60 penalty units.
Note: Division 4 of this Part provides other remedies for contraventions of civil penalty provisions.
21 Subsection 39CA(3)
Repeal the subsection ( including the notes).
22 At the end of subsection 39CB(2)
Add:
Civil penalty: 60 penalty units.
Note: Division 4 of this Part provides other remedies for contraventions of civil penalty provisions.
23 Subsection 39CB(3)
Repeal the subsection ( including the notes).
24 At the end of subsection 39CC(2)
Add:
Civil penalty: 60 penalty units.
Note: Division 4 of this Part provides other remedies for contraventions of civil penalty provisions.
25 Subsection 39CC(3)
Repeal the subsection ( including the notes).
26 Part 7A (heading)
Repeal the heading, substitute:
27 Divisions 1 and 2 of Part 7A
Repeal the Divisions, substitute:
Enforceable civil penalty provisions
(1) Each civil penalty provision of this Act is enforceable under Part 4 of the Regulatory Powers Act.
Note: Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.
Authorised applicant
(2) For the purposes of Part 4 of the Regulatory Powers Act, the Corporation, on behalf of the Commonwealth, is an authorised applicant in relation to the civil penalty provisions of this Act.
(3) The Corporation may, by writing under its seal, delegate its powers as an authorised applicant in relation to the civil penalty provisions of this Act to:
(a) a Director; or
(b) a person employed by the Corporation; or
(c) a person engaged by the Corporation under a contract; or
(d) a person employed by a person referred to in paragraph ( c).
Relevant court
(4) For the purposes of Part 4 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the civil penalty provisions of this Act:
(a) the Federal Court;
(b) the Federal Circuit Court.
Additional matters to be taken into account in determining a pecuniary penalty
(5) In addition to the matters the court must take into account under subsection 82(6) of the Regulatory Powers Act in determining the pecuniary penalty for the contravention of a civil penalty provision of this Act, if the person who contravened the civil penalty provision is a body corporate, the court must take into account:
(a) the level of the employees, officers or agents of the body corporate involved in the contravention; and
(b) whether the body corporate exercised due diligence to avoid the contravention; and
(c) whether the body corporate had a corporate culture conducive to compliance.
28 Division 3 of Part 7A (heading)
Repeal the heading.
29 Sections 49C to 49CD
Repeal the sections.
30 Subsection 49CE(1)
Omit "(1)".
31 At the end of subsection 49CE(1)
Add:
Civil penalty: 60 penalty units.
32 Subsection 49CE(2)
Repeal the subsection.
33 Paragraph 49CF(1)(a)
Omit "and the Payroll Levy Collection Act".
34 Paragraph 49CF(1)(b)
Omit "or the Payroll Levy Collection Act".
35 At the end of subsection 52A(5)
Add:
Civil penalty: 60 penalty units.
36 Subsection 52A(7)
Repeal the subsection ( including the note).
Coal Mining Industry (Long Service Leave) Payroll Levy Collection Act 1992
37 Section 3
Insert:
"civil penalty provision" has the same meaning as in the Regulatory Powers Act.
"executive officer" has the same meaning as in the Coal Mining Industry (Long Service Leave) Administration Act 1992 .
"Regulatory Powers Act" means the Regulatory Powers (Standard Provisions) Act 2014 .
38 At the end of subsection 5(1)
Add:
Civil penalty: 40 penalty units.
39 Subsection 5(4)
Repeal the subsection ( including the note).
40 At the end of subsection 10(1)
Add:
Civil penalty: 40 penalty units.
41 Subsection 10(3)
Repeal the subsection ( including the note).
42 At the end of subsection 10A(3)
Add:
Civil penalty: 40 penalty units.
43 Subsection 10A(5)
Repeal the subsection ( including the note).
44 After section 13
Insert:
Enforceable civil penalty provisions
(1) Each civil penalty provision of this Act is enforceable under Part 4 of the Regulatory Powers Act.
Note: Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.
Authorised applicant
(2) For the purposes of Part 4 of the Regulatory Powers Act, the Corporation, on behalf of the Commonwealth, is an authorised applicant in relation to the civil penalty provisions of this Act.
(3) The Corporation may, by writing under its seal, delegate its powers as an authorised applicant in relation to the civil penalty provisions of this Act to:
(a) a member of the Board of Directors of the Corporation; or
(b) a person employed by the Corporation; or
(c) a person engaged by the Corporation under a contract; or
(d) a person employed by a person referred to in paragraph ( c).
Relevant court
(4) For the purposes of Part 4 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the civil penalty provisions of this Act:
(a) the Federal Court;
(b) the Federal Circuit Court.
Additional matters to be taken into account in determining a pecuniary penalty
(5) In addition to the matters the court must take into account under subsection 82(6) of the Regulatory Powers Act in determining the pecuniary penalty for the contravention of a civil penalty provision of this Act, if the person who contravened the civil penalty provision is a body corporate, the court must take into account:
(a) the level of the employees, officers or agents of the body corporate involved in the contravention; and
(b) whether the body corporate exercised due diligence to avoid the contravention; and
(c) whether the body corporate had a corporate culture conducive to compliance.
13B Civil penalty provisions contravened by executive officers
An executive officer of a body corporate contravenes this section if:
(a) the body corporate contravenes a civil penalty provision; and
(b) the officer knew that the contravention would occur; and
(c) the officer was in a position to influence the conduct of the body in relation to the contravention; and
(d) the officer failed to take all reasonable steps to prevent the contravention.
Civil penalty: 60 penalty units.
(1) For the purposes of section 13B, in determining whether an executive officer of a body corporate failed to take all reasonable steps to prevent the contravention of a civil penalty provision, a court is to have regard to:
(a) what action (if any) the officer took towards ensuring that the body's employees, agents and contractors have a reasonable knowledge and understanding of the requirements to comply with this Act, in so far as those requirements affect the employees, agents or contractors concerned; and
(b) what action (if any) the officer took when the officer became aware that the body was contravening this Act.
(2) This section does not, by implication, limit the generality of section 13B.
Part 2 -- Application and saving provisions
45 Application and saving provision--civil penalties
(1) Part 4 of the Regulatory Powers (Standard Provisions) Act 2014 , as that Part applies under Part 7A of the Coal Mining Industry (Long Service Leave) Administration Act 1992 , applies in relation to contraventions of civil penalty provisions occurring on or after the commencement of this Schedule.
(2) Part 4 of the Regulatory Powers (Standard Provisions) Act 2014 , as that Part applies under section 13A of the Coal Mining Industry (Long Service Leave) Payroll Levy Collection Act 1992 , applies in relation to contraventions of civil penalty provisions occurring on or after the commencement of this Schedule.
(3) Part 7A of the Coal Mining Industry (Long Service Leave) Administration Act 1992 , as in force immediately before the commencement of this Schedule, continues to apply on and after the commencement of this Schedule in relation to contraventions occurring before that commencement of provisions declared to be civil penalty provisions by the Coal Mining Industry (Long Service Leave) Administration Act 1992 or the Coal Mining Industry (Long Service Leave) Payroll Levy Collection Act 1992 , as in force immediately before the commencement of this Schedule.