(1) Before
section 83(1) insert:
(1A) In this
section —
contravene , in relation to an entitlement
provision, includes fail to comply with that provision.
(2) In
section 83(1):
(a)
delete “where a person contravenes or fails to comply with a provision
of an instrument to which this section applies” and insert:
if a person
contravenes an entitlement provision,
(b)
delete paragraph (e) and insert:
(e) a
person —
(i)
who is a party to the award, agreement or order or to
whom the award, agreement or order applies; or
(ii)
to whom the entitlement provision applies under the LSL
Act or MCE Act;
(3) Delete
section 83(2) and insert:
(2) A person who is
involved in a contravention of an entitlement provision is taken to contravene
that provision.
(2A) A person is
involved in a contravention of an entitlement provision if, and only if, the
person —
(a)
aids, abets, counsels or procures the contravention; or
(b)
induces the contravention, whether by threats or promises or otherwise; or
(c) is
in any way, by act or omission, directly or indirectly, knowingly concerned in
or party to the contravention; or
(d)
conspires with others to effect the contravention.
(4) In
section 83(3) delete “instrument to which this section applies
shall” and insert:
entitlement provision
must
(5) In
section 83(4):
(a) in
paragraph (a) delete “or failure to comply”;
(b)
delete paragraph (a)(ii) and insert:
(ii)
impose a pecuniary penalty in accordance with
subsection (4A);
(6) After
section 83(4) insert:
(4A) The pecuniary
penalty may be an amount not exceeding —
(a) in
the case of a body corporate —
(i)
if the contravention is a serious
contravention — $650 000; or
(ii)
if the contravention is not a serious
contravention — $65 000;
and
(b) in
the case of an individual —
(i)
if the contravention is a serious
contravention — $130 000; or
(ii)
if the contravention is not a serious
contravention — $13 000.
(7) In
section 83(5):
(a)
delete “or failure to comply with a provision of an instrument to which
this section applies” and insert:
of an entitlement
provision
(b)
delete “or failure to comply with” (second occurrence) and insert:
of
(8) In
section 83(8) delete the Penalty and insert:
Penalty for this subsection:
(a) a
fine of $13 000;
(b) a
daily penalty of a fine of $1 000 for each day or part of a day during
which the offence continues.
(9) After
section 83(8) insert:
(9) A contravention of
an entitlement provision is not an offence and section 83E(8) applies to
the contravention as if it were a contravention of a civil penalty provision.