Section 37 — Fair Work Act 2009: Act binds Crown

(1) This Act binds the Crown in each of its capacities. (2) However, this Act does not make the Crown liable to be prosecuted for an offence, except as provided for by subsection (3). (3) The Crown in right of the Commonwealth is liable to be prosecuted for an offence against any of the following provisions: (a) subsection 327A(1); (b) a related offence provision, to the extent that the related offence provision relates to an offence against subsection 327A(1). (4) The Crown, in each of its capacities and to the extent the Commonwealth’s legislative power permits, is liable to be the subject of proceedings for a contravention of a civil remedy provision.