How will the legislative obligations be enforced?
§ Where parties fail to comply with Part 4 of the TSD Act, they commit an offence. Matters will be investigated and may be dealt with in the following ways, depending on the circumstances in each case: · issuing a Letter of Warning, or an Expiation Caution, to identify the area of non-compliance and the need to comply with legislative requirements; · issuing a Compliance Notice, requiring compliance within a specified timeframe; · issuing an Expiation Notice requiring payment of an expiation fee of $315 to financially penalise those who remain non-compliant; · prosecution through the court system; in cases where the responsible party fails to comply with the legislation, after being given reasonable opportunity to do so, the matter will be taken to the Magistrates Court. A fine of up to $5000 may be imposed after prosecution. · cancelling, varying or suspending an employer’s registration, or placing conditions on an employer’s registration.
