Victorian Current Acts

CHILD WELLBEING AND SAFETY ACT 2005 - SECT 16ZH

    (1)     If an entity fails to comply with a notice to produce, the Commission may apply to the Magistrates' Court for—

        (a)     a declaration that the entity has failed to comply with the notice; and

        (b)     an order requiring the entity to pay a civil penalty.

    (2)     The Magistrates' Court may make the declaration sought if the court is satisfied that—

        (a)     the entity has failed to comply with the notice to produce; and

        (b)     the failure was unreasonable.

    (3)     If the Magistrates' Court makes a declaration under subsection (2), the court may order the entity to pay to the Commission for payment into the Consolidated Fund an amount not exceeding $9000 as a civil penalty.

    (4)     In determining the amount of a civil penalty, the Magistrates' Court must consider—

        (a)     the size of the entity; and

        (b)     the impact of the civil penalty on the entity; and

        (c)     whether the non-compliance with the notice to produce was wilful or serious.

    (5)     An order made under this section is taken, for the purposes of enforcement, to be an order made by the Magistrates' Court in a civil proceeding.

    (6)     A civil penalty paid to the Commission in accordance with an order made under this section must be paid into the Consolidated
Fund.

S. 16ZI inserted by No. 4/2017 s. 6.