Victorian Numbered Acts Victorian Numbered Acts(1) The following persons may apply to a court for an order under subsection (2)—
(a) the employee; or
(b) at the request of the employee or a group of employees, an organisation of which the employee is a member or eligible to be a member; or
(c) the Minister; or
(d) a person authorised by the Minister under section 16.
(2) On an application under subsection (1), a court may make one or both of the following orders—
(a) an order imposing a penalty of up to $10 000 on a person if it is satisfied that the person has contravened section 6, 7, 10 or 20;
(b) an order that a person pay to the employee a specified sum by way of payment or reimbursement if it is satisfied that the person has contravened section 6, 7 or 10.
(3) To avoid doubt, a contravention of section 6, 7, 10 or 20 is not an offence.
(4) A court that imposes a penalty under subsection (2)(a) may order that the penalty, or a part of the penalty, be paid—
(a) to a particular person or organisation; or
(b) into the Consolidated Fund.
(5) In making an order under subsection (2)(b) the court may take into account—
(a) in the case of a contravention of section 6, any benefit the employee received for services performed by the employee;
(b) in the case of a contravention of section 7 or 10, any benefit the employee has received or will receive as a result of the deduction made.
(6) An order imposing a penalty under subsection (2) is taken, for the purposes of enforcement, to be an order made by the court in a civil proceeding.
(7) An application under this section against a person that is an unincorporated body may be made against the person in the name of an executive officer of the body.