Federal Court of Australia
IN THE FEDERAL COURT OF AUSTRALIA
No T2 of 1983 No T3 of 1983 No T4 of 1983 No T5 of 1983
TASMANIA DISTRICT REGISTRY
~eRUE Ee
INDUSTRIAL DIVISION
PETER ROBERT HAYES Prosecutor BETWEEN: and LUCY EVELYN LOCATELLI Defendant , ORDER Coram: Beaumont J. Date: 1 December, 1983 Where: Hobart The Court orders that:- 1. Upon her own admission, 1n each matter, I find the
defendant guilty of an offence against sub-section
126P(3) of the Conciliation and Arbitration Act 1904.
2. In each case I order that the defendant pay a monetary penalty of $100 to consolidated revenue at er before
4.00 g.m. on 15 December, 1983.
IN THE FEDERAL COURT OF AUSTRALIA
No T2 of 1983 No 13 of 1983 No T4 of 1983 No T5 of 1983
TASHANIA DISTRICT REGISTRY
en eee
INDUSTRIAL DIVISION
PETER ROBERT HAYES Prosecutor BETWEEN : and LUCY EVELYN LOCATELLI Defendant
CORAL : Beaumont Jd.
DATE: 1 December, 1983
REASONS FOR JUDGMENT
In these matters, heard together by consent, the defendant has pleaded guilty to each charge. The charges,in each case, allege a breach
of Section 126P(3) of the Conciliation and Arbitration Act 1904 ("the Act")
which provides:
"2 person who hinders or obstructs an authorized person in the exercise of his duties, refuses or fails, without reasonable excuse, to comply with a requirement made by an authorized person in accordance with paragraph (c) of sub-section (1) or makes to an authorized person, in the course of his duties, a statement, whether orally or in writing, that 1s false or misleading in any particular, shall be guilty of an offence.
Penalty: $500 or imprisonment for 6 months."
The facts relied upon by the prosecutor are as follows: On 11 November, 1982 Mr Peter Hayes, then an authorised officer pursuant
to $126Q of the Act conducted an inspection at the Penny Royal Watermill Hotel
~/2
which 1s operated by John Batman International Pty Ltd, relating to the observance of the Motels Award 1976. During the course of that inspection, he discovered that Mrs Janine Nucc1itell1, a casual receptionist employed
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