§ 87 — Offences and penalties

87.—(1) Any employer who —(a)

fails, without reasonable cause, to grant maternity leave under this Part to a female employee who is entitled to and requests for the leave;

(b)

fails to pay the employer’s female employee in accordance with any of the provisions of this Part (other than section 87A); or

(c)

acts in contravention of section 81,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.

[12/2013]

(2) Any employer who is guilty of an offence under section 82 shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.[12/2013]

(3) Where an employer who is convicted or found guilty of an offence under subsection (1)(a), (b) or (c) or section 82 is a repeat offender, the employer shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.[12/2013]

(4) For the purposes of subsection (3), a person is a repeat offender in relation to an offence under subsection (1)(a), (b) or (c) or section 82 if the person who is convicted or found guilty of an offence under subsection (1)(a), (b) or (c) or section 82 (called the current offence) has been convicted or found guilty of —(a)

an offence under subsection (1)(a), (b) or (c) or section 82; or

(b)

an offence under section 17(1) of the Child Development Co‑Savings Act 2001 in force before, on or after 1 May 2013,

on at least one other occasion on or after 1 May 2013 and before the date on which the person is convicted or found guilty of the current offence.

[12/2013]

—(1) Any employer who —(a)

fails, without reasonable cause, to grant maternity leave under this Part to a female employee who is entitled to and requests for the leave;

(b)

fails to pay the employer’s female employee in accordance with any of the provisions of this Part (other than section 87A); or

(c)

acts in contravention of section 81,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.

[12/2013]

(2) Any employer who is guilty of an offence under section 82 shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.[12/2013]

(3) Where an employer who is convicted or found guilty of an offence under subsection (1)(a), (b) or (c) or section 82 is a repeat offender, the employer shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.[12/2013]

(4) For the purposes of subsection (3), a person is a repeat offender in relation to an offence under subsection (1)(a), (b) or (c) or section 82 if the person who is convicted or found guilty of an offence under subsection (1)(a), (b) or (c) or section 82 (called the current offence) has been convicted or found guilty of —(a)

an offence under subsection (1)(a), (b) or (c) or section 82; or

(b)

an offence under section 17(1) of the Child Development Co‑Savings Act 2001 in force before, on or after 1 May 2013,

on at least one other occasion on or after 1 May 2013 and before the date on which the person is convicted or found guilty of the current offence.

[12/2013]