Queensland Consolidated Acts

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PRIVATE EMPLOYMENT AGENCIES ACT 1983 - SECT 32A

Order for repayment of amounts unlawfully received

32A.(1) Where a private employment agent has received any amount by way of fee, charge, expenses or reward from an applicant employee in contravention of section 32, an industrial magistrate may, upon application made to the industrial magistrate by that applicant employee, order the private employment agent to pay to the applicant employee the amount so received.

(1A) The industrial magistrate may by the order impose such terms and conditions with respect to payment of the amount ordered to be paid and may award costs in the industrial magistrate's discretion and access the amount of cost so awarded.

(2) Upon conviction of a private employment agent for an offence that involves the receipt by the agent from an applicant employee of any fee, charge, expenses or reward in contravention of section 32, the industrial magistrate may, in addition to imposing a penalty, order payment by the defendant to the applicant employee concerned of any fee, charge, expenses or reward so received.

(3) An order made by an industrial magistrate in accordance with this section whether upon application or by way of a proceeding for an offence shall be enforceable as if it were an order made by an industrial magistrate sitting as a Magistrates Court and the provisions of the Justices Act 1886 shall apply and extend accordingly.



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