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In forceAmended2020 Revised Edition

Part 3 · Payment of Salary

34. Offence

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In plain English

An employer who fails to pay salary as required commits an offence. Some breaches bring a $3,000 to $15,000 fine, up to 6 months in jail, or both. Repeat offenders face a $6,000 to $30,000 fine, up to 12 months in jail, or both. A repeat offender has been convicted of such a breach before.

Summary · Drafted with AI, checked against the official text on 30 Sep 2026.

Amended

Last amended by an amending law of 2013.

(1)

Any employer who fails to pay salary in accordance with the provisions of this Part shall be guilty of an offence.

(2)

Any employer who is guilty of an offence under subsection (1) for contravening section 21, 22 or 23 shall be liable on conviction —

(a)

to a fine of not less than $3,000 and not more than $15,000 or to imprisonment for a term not exceeding 6 months or to both; and

(b)

if the employer is a repeat offender, to a fine of not less than $6,000 and not more than $30,000 or to imprisonment for a term not exceeding 12 months or to both.

(3)

For the purposes of subsection (2), a person is a repeat offender in relation to an offence under subsection (1) if the person who is convicted or found guilty of an offence under subsection (1) of contravening section 21, 22 or 23 (called the current offence) has been convicted or found guilty of an offence of contravening section 21, 22 or 23 on at least one other occasion (whether before, on or after 1 April 2014) before the date on which the person is convicted or found guilty of the current offence.

Report

Part 4

Rest Days, Hours of Work and Other Conditions of Service

Part 5

Truck System

Part 6

Contractors and Contracting

Part 6A

Part-Time Employees

Part 7

Domestic Workers

Part 8

Employment of Children and Young Persons

Part 9

Maternity Protection and Benefits and Childcare Leave for Parent

Part 10

Holiday, Annual Leave and Sick Leave Entitlements

Part 11

Part 12

Registers, Returns and Other Documentary Requirements

Part 13

Inspection and Enquiry

Part 14

General

Part 15

Claims, Complaints and Investigations Into Offences

Part 15A

Administrative Penalties

Part 16

Procedure and Regulations

Schedules