Queensland Consolidated Acts

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INDUSTRIAL RELATIONS ACT 1999 - SECT 408H

408H Enforcement of magistrate's orders

(1) This section applies if, under section 408E or 408G, a magistrate orders—

(a) a private employment agent to repay a fee received by the agent in contravention of section 408D(1) or (2) to a work seeker mentioned in section 408E or to a claimant mentioned in section 408G; or
(b) costs in the application under section 408G of a party.

(2) The order is enforceable under the Justices Act 1886 as an order for payment of money made by a magistrate under that Act.

(3) Also, an amount ordered to be paid to the work seeker or claimant by the agent may be recovered by the work seeker or claimant from the agent as a debt.

(4) For subsection (3), the order requiring payment may be filed in the registry of a Magistrates Court under the Magistrates Courts Act 1921, and on being filed—

(a) is taken to be an order properly made by a Magistrates Court; and
(b) may be enforced as a money order made by the Magistrates Court.

(5) The magistrate may give particulars of the order mentioned in subsection (1) to the court registrar for the purpose of registering the prescribed particulars, in relation to the unpaid amount payable under the order, under the State Penalties Enforcement Act 1999, section 34.

(6) In this section—

court registrar, in relation to a magistrate, means the clerk of the court of the Magistrates Court that the magistrate constitutes under the Magistrates Act 1991.



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