Section 794D — Fair Work Act 2009: Liability of the Commonwealth to pay civil and criminal penalties

(1) This section applies if: (a) the Commonwealth contravenes a civil remedy provision and a court makes a pecuniary penalty order that the Commonwealth pay all or part of a pecuniary penalty to itself; or (b) the Commonwealth is given an infringement notice under the regulations in relation to an alleged contravention of a civil remedy provision; or (c) the Commonwealth is convicted of an offence against either of the following provisions and the court imposes a pecuniary penalty on the Commonwealth in respect of the offence: (i) subsection 327A(1) (offence for failing to pay amounts as required); (ii) a related offence provision, to the extent that the related offence provision relates to an offence against subsection 327A(1). (2) While the Commonwealth is not liable to pay a pecuniary penalty to itself, it is the Parliament’s intention that the Commonwealth should be notionally liable to pay such a penalty. (3) The Finance Minister may give such written directions as are necessary or convenient for carrying out or giving effect to subsection (2) and, in particular, may give directions in relation to the transfer of money from an account operated by the responsible agency under section 794C for the contravention or for the commission of the offence to another account operated by the Commonwealth. (4) Directions under subsection (3) have effect, and must be complied with, despite any other Commonwealth law.