Clause 13

a failure by an employer to comply with section 95(1), 95A(2) or 96(1);

provision by an employer of inaccurate information or particulars to the Commissioner or an inspecting officer under this Act, inadvertently or without intent to mislead or defraud.Payment of administrative penalty126B.—

An authorised officer may issue a contravention notice to an employer requiring the employer to pay an administrative penalty of the prescribed amount, for —

each occasion of an alleged failure by the employer to comply with section 95(1), 95A(2) or 96(1) with respect to any one employee or former employee; or

each occasion of an alleged provision by the employer of inaccurate information or particulars to the Commissioner or an inspecting officer under this Act, inadvertently or without intent to mislead or defraud.(2) A contravention notice must —

specify the amount of administrative penalty to be paid;

specify the date by which the administrative penalty must be paid; and

set out the brief details of the alleged contravention and such other particulars as may be prescribed.(3) Different amounts of administrative penalty may be prescribed for different civil contraventions or different circumstances in which a civil contravention takes place.(4) Any employer who is issued a contravention notice under subsection (1) must pay the administrative penalty specified in the contravention notice to the authorised officer within the time, in such mode of payment and at such place as is specified in that notice.Appeal, etc.126C.—

Any employer who is issued a contravention notice by an authorised officer under section 126B(1) (called in this section the initial authorised officer) may —

within the prescribed period and in accordance with the prescribed procedure, request for an internal reconsideration of the contravention notice by another authorised officer (called in this section the reviewing authorised officer); or

within the prescribed period (and despite not requesting for an internal reconsideration), appeal to the High Court which may hear and determine the matter afresh.(2) A reviewing authorised officer reconsidering a contravention notice issued to an employer must not be subordinate to the initial authorised officer who issued the contravention notice.(3) A reviewing authorised officer may, after reconsidering the issue of a contravention notice by the initial authorised officer —

confirm the contravention notice issued by the initial authorised officer; or

cancel the contravention notice.(4) Any employer who is aggrieved by the reviewing authorised officer’s decision under subsection (3)(a) may, within the prescribed period, appeal to the High Court which may hear and determine the matter afresh.(5) The procedure governing any such appeal to the High Court is as provided in the Rules of Court.(6) The enforcement of the payment of any administrative penalty required by a contravention notice to be paid under section 126B is stayed —

if a request for internal reconsideration under subsection (1)(a) is made, until after the reconsideration is completed; or

if an appeal under subsection (1)(b) or (4) is filed, until after the appeal is completed.(7) In relation to a contravention notice issued to an employer under section 126B(1), where —

an appeal to the High Court has been filed under subsection (1)(b) or (4) and the appeal is dismissed;

the prescribed period for requesting an internal reconsideration under subsection (1)(a) has lapsed without such request made, and the prescribed period for filing an appeal to the High Court under subsection (1)(b) has lapsed and no appeal is filed; or

the prescribed period for filing an appeal to the High Court under subsection (4) has lapsed and no appeal is filed,the contravention notice may, by leave of a District Court, be enforced against the employer in the same manner as a judgment of the District Court, and where leave is so given, judgment may be entered in terms of that contravention notice.(8) The initial authorised officer may, in any case in which the initial authorised officer thinks fit, waive, remit or refund in whole or in part any administrative penalty paid or required to be paid under section 126B.Directions126D.—

In lieu of or in addition to giving an employer a contravention notice under section 126B, an authorised officer may —

issue such directions to the employer as the authorised officer thinks appropriate to bring the civil contravention to an end; and

where necessary, require the employer to take such action as is specified in the direction to remedy, mitigate or eliminate any effects of the civil contravention and to prevent the recurrence of the civil contravention.(2) An employer who, without reasonable excuse, fails to comply with a direction given to the employer under subsection (1) 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.”.