1992—No. 152 (NSW)

1992—No. 152

JUSTICES ACT 1902—REGULATION

(Industrial Relations (Short Description of Offences) Regulation 1992)

NEW SOUTH WALES

[Published in Gazette No. 40 of 27 March 1992]

(L.S.) P. R. SINCLAIR, Governor.

HIS Excellency the Governor, with the advice of the Executive Council, and in pursuance of the Justices Act 1902, has been pleased to make the Regulation set forth hereunder.

TERRY GRIFFITHS

Minister for Justice.

Citation

1. This Regulation may be cited as the Industrial Relations (Short

Description of Offences) Regulation 1992.

Commencement

2. This Regulation commences on 31 March 1992.

Short description of offences

3. (1) For the purposes of section 145B (2) of the Justices Act 1902,

the prescribed expression in relation to a summary offence specified in
Column 1 of Schedule 1 is the expression set out opposite it in Column 2
of that Schedule.

(2) If a choice of words is indicated in Column 2 of Schedule 1, the

words remaining after the omission of the words irrelevant to the offence
constitute the prescribed expression.

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(3) A reference in Column 1 of Schedule 1 to a provision of the Industrial Relations Act 1991, being a provision that creates an offence, is a reference to the provision as in force at the time the offence is alleged to have occurred.

SCHEDULE 1

(Cl. 3)

COLUMN 1	COLUMN 2 PRESCRIBED
OFFENCES	EXPRESSION

Section 182 (4)—being an employer:

(a) fail to comply with the	contravene s. 182 re pay
requirements of section 182	detail requirement
regarding the supply of written pay details to employees; or
(b) fail to comply with the	contravene conditions of
conditions of an exemption	exemption re pay detail
from the requirements of	requirement
section 182 regarding the supply of written pay details to employees

Section 183 (1)—being an employer, not keep prescribed

fail to ensure that prescribed	time-sheets/pay-sheets
time-sheets and pay-sheets are kept	under s. 183
at employer’s place of business or other approved place

Section 183 (1)—being an employer, time sheets/pay sheets in

fail to ensure that prescribed time	wrong medium/form
sheets and pay sheets are kept in the medium and form prescribed

Section 183 (2)—being an employer, daily records not in good

fail to ensure that daily records	order/legible condition
are preserved in good order and legible condition

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Section 183 (2)—being an employer,	not preserve daily records
fail to ensure that daily records	for required period
are properly preserved for the period required by section 183

Section 719 (1)—being a licensed

private employment agent:

(a) fail to keep a register not keep register under s.

showing:  719 re employment/labour

• details of applicants for employment or labour: and

• nature of employment or
labour required;

(b) fail to keep a register not keep register under s.

showing:  719 re engagements and
fees

• details of engagements
made: and

• fees received in respect of the engagements; and

• person paying fees

(c) fail to retain for 12 months not retain originals of letters

the originals of letters	for 1 year
received in course of business

Section 719 (2)—being a licensed	register not in approved
private employment agent, fail to	form
keep register in approved form
Section 719 (3)—being a licensed	not retain register for 1 year
private employment agent, fail to	after last entry
retain a register required under section 719 for at least 12 months after the last entry has been made

Section 719 (4)—being a licensed

private employment agent:

(a) not allow the Director-General not allow D.G./officer to

or an authorised officer to	inspect register/letters
inspect a register or letters required to be kept under section 719; or

1992—No. 152

(b) fail to furnish required	not give D.G. information
information to the	within time allowed
Director-General regarding register details within specified time

Section 731 (1) (d)—fail to produce not produce record on

any relevant record on demand	demand by inspector
made by an inspector

Section 731 (1) (e)—prevent or

attempt to prevent an inspector:

prevent/attempt to prevent

• from taking copies of or extracts	inspector taking
from relevant records: or	copies/extracts
• from retaining records to take	prevent/attempt to prevent
copies or extracts	inspector taking records

Section 731 (1) (f)—on demand by not deliver or send

an inspector, fail to deliver or	information on demand by
send to the inspector any	inspector
information which the inspector is authorised to have delivered or sent

Section 731 (1) (g)—fail to comply not comply with

with an authorised order or	order/demand of inspector
demand made by an inspector

TABLE OF PROVISIONS

1. Citation
2. Commencement

3. Short description of offences

SCHEDULE 1

1992—No. 152

EXPLANATORY NOTE

The purpose of this Regulation is to prescribe the short descriptions that, by

virtue of section 145B of the Justices Act 1902, are sufficient to state or describe, in any information, complaint, summons, warrant, notice, order or other document,
certain offences which may be dealt with by penalty notices under section 739 of
the Industrial Relations Act 1991. The Regulation comprises matters of a machinery
nature.