New South Wales Consolidated Acts

ENTERTAINMENT INDUSTRY ACT 2013 - SECT 43

43 Civil penalty for breaches

(1) An industrial court or the Local Court may order the person to pay a pecuniary penalty not exceeding $10,000 (a
"civil penalty" ) if the Court is satisfied that a person has contravened one of the following--

(a) section 6 (2) (b),

(b) section 7 (4),

(c) section 13 (4),

(d) section 16,

(e) section 18,

(f) the code of conduct.

Note : The Interpretation Act 1987 provides that the expression "contravene" in an Act includes a failure to comply.

(2) Proceedings for a civil penalty may be instituted by any of the following--

(a) an authorised officer or any other person authorised by or under this Act or the regulations to institute proceedings for offences,

(b) if the contravention is alleged to have been committed by a performer representative, a performer who, at the time of the alleged contravention, was a party to an entertainment industry agreement with the representative.

(3) Proceedings for a civil penalty may only be instituted within 6 years after the contravention.

(4) To avoid doubt, the rules of evidence apply to proceedings for a civil penalty.

(5) Evidence given in proceedings for the recovery of money is not admissible in proceedings for a civil penalty.

(6) In any proceedings for a civil penalty, the court may award costs to either party and assess the amount of those costs. Costs cannot be awarded against the prosecutor except in the circumstances in which costs can be awarded against the prosecutor in criminal proceedings.

(7) If the court orders a person to pay a pecuniary penalty, the penalty is payable to the State.

(8) The provisions of any Act relating to the recovery of penalties imposed for an offence apply to the recovery of a pecuniary penalty imposed under a civil penalty order.

(9) If, at the time of making a civil penalty order in respect of a contravention of section 6 (2) (b), 7 (4), 16 or 18, the Court is satisfied that the amount required to be paid under the section concerned remains outstanding, the Court may make such orders with respect to the payment of the outstanding amount as the Court considers appropriate.