Victorian Current Acts

EDUCATION AND TRAINING REFORM ACT 2006 - SECT 5.8.20

    (1)     If a Court makes a declaration under section 5.8.19(2) that a relevant entity has failed to comply with a notice to comply, the Court may order the relevant entity to pay to the Authority a pecuniary penalty not exceeding 120 penalty units, in the case of a body corporate, or 60 penalty units in any other case.

    (2)     In determining the amount of the pecuniary penalty under subsection (1), the Court must take into account the following considerations—

        (a)     in the case of a relevant entity that is not an individual, the size of the relevant entity;

        (b)     the impact of the amount of the penalty on the relevant entity;

        (c)     whether the non-compliance by the relevant entity with the notice to comply was wilful or serious.

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

    (4)     A pecuniary penalty paid to the Authority in accordance with an order made under this section must be paid by the Authority into the Consolidated Fund.

S. 5.8.21 inserted by No. 23/2021 s. 76 (as amended by No. 32/2022 s. 62).