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This is a Bill, not an Act. For current law, see the Acts databases.
Industrial Relations Amendment
(Dispute Orders) Bill 2012
No , 2012
A Bill for
An Act to amend the Industrial Relations Act 1996 with respect to contraventions of
dispute orders and to costs in proceedings relating to dispute orders.
Clause 1 Industrial Relations Amendment (Dispute Orders) Bill 2012
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Industrial Relations Amendment (Dispute Orders) 3
Act 2012. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
Page 2
Industrial Relations Amendment (Dispute Orders) Bill 2012
Amendment of Industrial Relations Act 1996 No 17 Schedule 1
Schedule 1 Amendment of Industrial Relations Act 1
1996 No 17 2
[1] Section 139 Contravention of dispute order 3
Insert at the end of section 139 (3): 4
Note. An appeal may be made under section 197C to the Court of 5
Appeal on a question of law relating to penalties imposed, and other 6
actions taken, under this section. 7
[2] Section 139 (4) 8
Omit the subsection. Insert instead: 9
(4) The maximum penalty that may be imposed on an industrial 10
organisation or employer is: 11
(a) except as provided by paragraph (b)--a penalty not 12
exceeding in total $110,000 for the first day the 13
contravention occurs and an additional $55,000 for each 14
subsequent day on which the contravention continues, and 15
(b) if a penalty has previously been imposed on the industrial 16
organisation or employer for a contravention of an earlier 17
dispute order--a penalty not exceeding in total $220,000 18
for the first day the contravention occurs and an additional 19
$110,000 for each subsequent day on which the 20
contravention continues. 21
[3] Section 181 Costs 22
Omit "in proceedings for a contravention of a dispute order or" from 23
section 181 (3). 24
[4] Chapter 4, Part 7, heading 25
Omit "to Commission". 26
[5] Section 197C 27
Insert after section 197B: 28
197C Appeals against penalty orders made by Commission in Court 29
Session for contraventions of dispute orders 30
(1) A person who is a party to proceedings before the Commission 31
under section 139 in relation to a contravention of a dispute order 32
may, with the leave of the Court of Appeal, appeal to the Court 33
on a question of law of public importance relating to any penalty 34
imposed or other action taken under section 139 (3) in relation to 35
the contravention. 36
Page 3
Industrial Relations Amendment (Dispute Orders) Bill 2012
Schedule 1 Amendment of Industrial Relations Act 1996 No 17
(2) A person may not appeal under this section to the Court of 1
Appeal unless the person has first exercised any right the person 2
has to appeal under this Act to the Full Bench of the Commission 3
in Court Session. 4
(3) The Court of Appeal may, on the hearing of any appeal under this 5
section, remit the matter to the Full Bench of the Commission in 6
Court Session for determination by the Commission in 7
accordance with any decision of the Court and may make such 8
other orders in relation to the appeal as the Court thinks fit. 9
(4) This section has effect despite section 179. 10
[6] Schedule 4 Savings, transitional and other provisions 11
Insert at the end of clause 2 (1): 12
any other Act that amends this Act 13
[7] Schedule 4 14
Insert at the end of the Schedule with appropriate Part and clause numbering: 15
Part Provisions consequent on enactment of 16
Industrial Relations Amendment (Dispute 17
Orders) Act 2012 18
The amendments made by the Industrial Relations Amendment 19
(Dispute Orders) Act 2012 to this Act apply in respect of 20
proceedings for contraventions of dispute orders that occur on or 21
after the commencement of this Act and so apply whether or not 22
the dispute order concerned was made before that day. 23
Page 4
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