Paid Parental Leave Act 2010
Sections and provisions with full text and the judgments that cite each one.
Section 115T — When an infringement notice can be served
(1) Subject to subsection (2), the Commissioner may cause an infringement notice to be served on a superannuation provider in accordance with this Part if the Commissioner has reasonable grounds to…
Section 115U — Matters to be included in an infringement notice
(1) An infringement notice must: (a) state the name of the person on whom it is to be served; and (b) state that it is being served on behalf of the Commissioner; and (c) state: (i) the nature of the…
Section 115V — Withdrawal of infringement notice
(1) A person on whom an infringement notice has been served may make written representations to the Commissioner seeking the withdrawal of the notice. (2) The Commissioner may withdraw an…
Section 115W — What happens if penalty is paid
(1) This section applies if: (a) an infringement notice is served on a person; and (b) the person pays the penalty specified in the notice before the end of the period referred to in paragraph…
Section 115X — More than one infringement notice may not be served for the same offence
This Division does not permit the service of more than one infringement notice on a person for the same offence or offences.
Section 115Y — Infringement notice not required to be served
This Division does not: (a) require an infringement notice to be served on a person in relation to an offence; or (b) affect the liability of a person to be prosecuted for an offence if: (i) an…
Section 115Z — Commissioner may extend period for payment of penalty
(1) The Commissioner may, by writing, extend, in relation to a particular person, the period referred to in paragraph 115U(1)(e). (2) The power of the Commissioner under subsection (1) to extend the…
Section 116 — Guide to this Part
This Part allows the Secretary to gather information for the purposes of checking compliance with this Act. Subdivision A of Division 2 allows the Secretary to require a person to give certain…
Section 116A — Reasonable belief needed to require information or documents
The Secretary can only require a person to: (a) give information; or (b) produce a document; under this Subdivision if the Secretary reasonably believes that the person will be able to give the…
Section 117 — General power to obtain information
(1) The Secretary may require a person to give information, or produce a document, to a specified agency if the Secretary considers that the information or document may be relevant to one or more of…
Section 118 — Power to obtain information from a person who owes a debt to the Commonwealth
The Secretary may require a person who owes a debt to the Commonwealth under or because of this Act: (a) either to: (i) give to a specified agency information that is relevant to the person’s…
Section 119 — Obtaining information about a person who owes a debt to the Commonwealth
The Secretary may require a person to give information, or produce a document, to a specified agency if the Secretary considers the information or document: (a) would help the specified agency locate…
Section 120 — Written notice of requirement
Notice to be in writing (1) A requirement under this Subdivision must be made by written notice given to the person of whom the requirement is made. Contents of notice (2) The notice: (a) may be…
Section 121 — Relationship with other laws
(1) Nothing contained in a law of a State or a Territory operates to prevent a person from: (a) giving information; or (b) producing a document; or (c) giving evidence; that the person is required to…
Section 122 — Offence—failure to comply with requirement
(1) A person commits an offence if: (a) the person is required under this Subdivision (other than under paragraph 117(1)(d) (which deals with information about bank accounts)) to give information or…
Section 122A — Self-incrimination
(1) A person is not excused from giving information, or producing a document, under this Subdivision on the ground that the information, or production of the document, might tend to incriminate the…
Section 122B — Use of information in investigations etc.
Subject to subsection 122A(2), nothing in this Subdivision prevents information given, or a document produced, under this Subdivision by a person from being used in: (a) an inquiry or investigation…
Section 123 — Secretary may require Commissioner of Taxation to provide tax file numbers etc.
The Secretary may require the Commissioner of Taxation to provide the Secretary with information (including a tax file number) that is: (a) about a person who has made an effective claim for parental…
Section 124 — Purposes for which tax file numbers may be used
(1) Subsection (2) applies to the tax file number of a person that is provided to the Secretary: (a) under a provision of this Act, for the purposes of this Act: (i) by the person; or (ii) by the…
Section 125 — Obligation to notify of change of circumstances
(1) A person who has made an effective claim for parental leave pay, in respect of which there is not in force any payability determination that parental leave pay is not payable, must notify the…
Section 126 — Operation of Division
Publishing reasons for ART decisions (1A) Nothing in this Division prevents the ART from publishing in written or electronic form the reasons for a decision of the ART on ART review if the…
Section 127 — Obtaining and using protected information
Obtaining protected information (1) A person may obtain protected information if the information is obtained for the purposes of this Act, or the Regulatory Powers Act as that Act applies in relation…
Section 127A — Protection of certain documents etc. from production to court etc.
An officer must not, except for the purposes of this Act or the Royal Commissions Act 1902, be required: (a) to produce any document in the officer’s possession; or (b) to disclose any matter or…
Section 128 — Disclosure of information by Secretary
(1) Despite sections 127A, 129, 130, 131 and 132, the Secretary may disclose information acquired by an officer in the exercise of the officer’s powers, or the performance of the officer’s duties or…
Section 129 — Offence—unauthorised access to protected information
A person commits an offence if: (a) the person obtains information; and (b) the person is not authorised under this Act to obtain the information; and (c) the information is protected information.…
Section 130 — Offence—unauthorised use of protected information
A person commits an offence if: (a) the person: (i) makes a record of information; or (ii) discloses information to any other person; or (iii) otherwise makes use of information; and (b) the person…
Section 130A — Disclosure of information by ART members—threat to life, health or welfare
Despite section 130, an ART member may disclose information if the information concerns a threat to the life, health or welfare of a person and either of the following applies: (a) the member…
Section 131 — Offence—soliciting disclosure of protected information
(1) A person commits an offence if: (a) the person solicits the disclosure of information from an officer or another person; and (b) the disclosure would be in contravention of this Division; and (c)…
Section 132 — Offence—offering to supply protected information
(1) A person commits an offence if: (a) the person offers to supply (whether to a particular person or otherwise) information about another person; and (b) the information is protected information.…
Section 133 — Repayment of instalment of parental leave pay or PPL funding amount
(1) If a person is convicted of an offence against Part 7.3 or 7.4 of the Criminal Code in relation to this Act, the court may: (a) impose a penalty in relation to the offence; and (b) order the…
Section 134 — Penalty where person convicted of more than one offence
(1) If a person is convicted of more than one offence against Part 7.3 or 7.4 of the Criminal Code in relation to this Act, the court may, if it considers it appropriate, impose one penalty for all…
Section 135 — Joining of charges
Charges against the same person for a number of offences against Part 7.3 or 7.4 of the Criminal Code in relation to this Act may be joined in one complaint, information or declaration if those…
Section 136 — Particulars of each offence
If 2 or more charges are included in the same complaint, information or declaration, particulars of each offence charged are to be set out in a separate paragraph.
Section 137 — Trial of joined charges
If charges are joined, the charges are to be tried together unless: (a) the court considers it just that any charge should be tried separately; and (b) the court makes an order to that effect.
Section 138 — Evidentiary effect of Secretary’s certificate
(1) For the purposes of paragraph 133(1)(b), a certificate signed by the Secretary is prima facie evidence of the matters specified in the certificate. (2) The certificate may specify: (a) the person…
Section 139 — Enforcement of court certificate as judgment
If: (a) a court makes an order under paragraph 133(1)(b); and (b) the clerk or other appropriate officer of the court gives a certificate specifying: (i) the amount ordered to be paid to the…
Section 140 — Guide to this Part
This Part deals with compliance with this Act. Division 2 allows the Secretary to refer matters to the Fair Work Ombudsman for investigation if the Secretary has reason to believe that an employer…
Section 141 — Functions of the Fair Work Ombudsman
The Fair Work Ombudsman has the following functions: (a) to inquire into, and investigate, any matter referred to the Fair Work Ombudsman under section 143; (b) to commence proceedings in a court in…
Section 142 — Exercise of compliance powers
(1) A Fair Work Inspector may exercise compliance powers (within the meaning of the Fair Work Act) (other than a power under section 715 or 716 of that Act) for the purpose of determining whether the…
Section 143 — Referring matters to the Fair Work Ombudsman
(1) The Secretary may refer a matter to the Fair Work Ombudsman for investigation if: (a) the Secretary has reason to believe that an employer has not complied with an obligation under section 70…
Section 144 — Fair Work Ombudsman to notify of outcome of investigation
The Fair Work Ombudsman must, as soon as practicable after completing an investigation referred by the Secretary under section 143, notify the Secretary, in writing, of the outcome of the…
Section 146 — Civil penalty provisions
A provision referred to in column 1 of an item in the table is a civil penalty provision, and the pecuniary penalty for the civil penalty provision is that specified in column 2 of that item. Civil…
Section 147 — Civil penalty orders
Enforceable civil penalty provisions (1) Each civil penalty provision of this Act is enforceable under Part 4 of the Regulatory Powers Act. Note: Part 4 of the Regulatory Powers Act allows a civil…
Section 156 — Requirement for person to assist in applications for civil penalty orders
(1) A person commits an offence if: (a) the Secretary requests, in writing, the person to give all reasonable assistance in connection with an application for a civil penalty order under Part 4 of…
Section 157 — Giving a compliance notice
Compliance notice given by Secretary (1) This section applies if the Secretary reasonably believes that a person has contravened one or more of the following provisions: (a) subsection 82(2) (which…
Section 158 — Fair Work Ombudsman to notify of outcome of compliance notice
If the Fair Work Ombudsman gives a compliance notice to a person, the Fair Work Ombudsman must, as soon as practicable, notify the Secretary, in writing, of the outcome of the compliance notice.
Section 159 — Infringement notices
Provisions subject to an infringement notice (1) The following civil penalty provisions of this Act are subject to an infringement notice under Part 5 of the Regulatory Powers Act: (a) subsection…
Section 164 — Guide to this Part
This Part provides for debts in relation to the paid parental leave scheme, and for the recovery of debts owing to the Commonwealth. Division 2 provides for the main debts recoverable by the…
Section 165 — Debts due to the Commonwealth
If an amount has been paid by way of parental leave pay or a PPL funding amount, the amount (or an amount equivalent to the amount) is a debt due to the Commonwealth only to the extent expressly…
Section 166 — Parental leave pay instalment debts—instalments paid by employer
(1) This section applies if: (a) the total of amounts paid to a person (the first person) by way of PPL funding amounts in relation to instalments for another person for a child exceeds (by the PPL…