Annual Holidays (Amendment) Act 1983 (NSW)

ANNUAL HOLIDAYS (AMENDMENT) ACT, 1983, No. 91

Jleto g>outf) Males;

ANNO TRICESIMO SECUNDO

ELIZABETHS H REGINJE

Act No. 91, 1983.

An Act to amend the Annual Holidays Act, 1944, with respect to the

investigation of claims for unpaid annual holiday payments, and in

other respects. [Assented to, 9th November, 1983.]

Act No. 91, 1983. 2

Annual Holidays (Amendment).

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:—

Short title.

1.     This Act may be cited as the "Annual Holidays (Amendment) Act,

1983".

Schedules.

2. This Act contains the following Schedules:—

SCHEDULE 1.—AMENDMENTS TO THE ANNUAL HOLIDAYS ACT,

1944.

SCHEDULE 2.—AMENDMENTS TO THE ANNUAL HOLIDAYS ACT,

1944, BY WAY OF STATUTE LAW REVISION.

Amendment of Act No. 31, 1944.

3. The Annual Holidays Act, 1944, is amended in the manner set forth

in Schedules 1 and 2.

SCHEDULE 1.

(Sec. 3.)

AMENDMENTS TO THE ANNUAL HOLIDAYS ACT, 1944.

(1) Section 9—

After "prescribed", insert "for a period of at least 6 years after the last entry therein".

1. Act No. 91, 1983.

Annual Holidays	(Amendment).
SCHEDULE	I—continued.

AMENDMENTS TO THE ANNUAL HOLIDAYS ACT, 1944—continued.

(2) Section 10 (3), (4)—

After section 10 (2), insert:—

(3) Where a worker claims that an employer has not paid the full amount of any remuneration or payment which has become due to the worker under this Act, an inspector may, by notice in writing served personally or by post, require the employer to deliver or to send by post to the inspector, within such time and to such place as are specified in the notice—

(a)	a copy of such specified part of the holiday record required to be kept under this Act; and
(b)	such other information of a specified kind relating to that remuneration or payment,

as the inspector considers necessary in order to investigate the claim.

(4) A public servant authorised in that behalf by the Under Secretary of the Department of Industrial Relations may exercise the power conferred on an inspector by subsection (3).

(3) Section 10A C D -

After "inspector", insert "or a public servant authorised under section

10 (4)".

(4) Section 11 (3)—

After section 11 (2), insert:—

(3) In this section, "inspector" includes a public servant authorised under section 10 (4).

Act No. 91, 1983.

Annual Holidays (Amendment).

SCHEDULE 2.

(Sec. 3.)

AMF.NDMFNTS TO THE ANNUAL HOLIDAYS ACT, 1944, BY WAY OF

STATUTE LAW REVISION.

(1) (a) Section 2 (1), definitions of "Agreement", "Award"—

Omit the definitions, insert instead:—

"Agreement" means an industrial agreement within the meaning of the

Industrial Arbitration Act, 1940.

"Award" means an award within the meaning of the Industrial Arbitra-

tion Act, 1940.

(b) Section 2 ( 1 ) , definition of "Inspector"—

Omit ", or any Act amending or replacing that Act".

(c) Section 2 ( 1 ) , definition of "Prescribed"—

Omit the definition.

(d) Section 2 (2) ( a l ) , (2) (a2), (3) (a) , (3) (b) (i i)—

Omit "subsection (3) of section 4" wherever occurring, insert instead

"section 4 (3)" .

(e) Section 2 (3 )—

Omit "paragraph (a l ) or (a2) of subsection (2)" , insert instead "sub- section (2) ( a l ) or (a2)".

(f) Section 2 (4)—-

Omit "paragraphs (a l ) and (b) of subsection (2) and of subsection (3)" ,

insert instead "subsections (2) ( a l ) , (2) (b) and (3)" .

(2) Section 3 ( 4 ) —

Omit ", as amended by subsequent Acts".

(3) Section 4A (5) ( c )—

Omit "paragraph (b) of subsection (4)" , insert instead "subsection (4) (b ) '

1. Act No. 91, 1983.

Annual Holidays	(Amendment).
SCHEDULE	2—continued.

AMENDMENTS TO THE ANNUAL HOLIDAYS ACT, 1944, BY WAY OF STATUTE

LAW REVISION—continued.

(4) Section 5 (1A) —

Omit "as amended by subsequent Acts, or the Apprentices Act, 1969", insert instead "or the Apprenticeship Act, 1981,".

(5) Sections 12 (1) , 13 (1) , 13 (3) —

Omit ", or any Act amending or replacing that Act" wherever occurring.

(6) Section 14—

Omit ", as amended by subsequent Acts".

(7) Section 15 (3) —

Omit the subsection, insert instead:—

(3) Section 41 of the Interpretation Act, 1897, applies in respect of a regulation made under this Act as if this Act had been passed after the commencement of the Interpretation (Amendment) Act, 1969.