Apprenticeship Act Amendment Act 1971 (Qld)

694 (Queenslan?t ANNO VICESIMO ELIZABETHAE SECUNDAE REGINAE No. 54 of 1971 An Act to Amend The Apprenticeship Act of 1964 in certain particulars and to terminate the application in Queensland of certain New South Wales Acts [ASSENTED TO 15TH NOVEMBER, 1971 ] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled , and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Apprenticeship Act Amendment Act 1971. (2) The Apprenticeship Act of 1964 is in this Act referred to as the Principal Act, (3) The Principal Act as amended by this Act may be cited as the Apprenticeship Act 1964-1971.

Apprenticeship Act Amendment Act 1971, No. 54 695 2. Commencement of certain provisions . Sections 3, 4, 5 and 6 of this Act shall come into operation on a date to be fixed by the Governor in Council by Proclamation published in the Queensland Government Industrial Gazette. 3. Amendment of s. 36. Section 36 of the Principal Act is amended by inserting after subsection (13) the following subsection:- " (14) This section applies subject to the provisions of section 36A of this Act.". 4. New s. 36A. The Principal Act is amended by inserting after section 36 the following section:- " 36A. Continuous attendance at college or school by direction of the Minister . (1) The Minister, on the recommendation of the Executive, after consultation by the Executive with the Group Committee for any calling or group of callings, may direct by notification published in the Queensland Government Industrial Gazette that in lieu of attendance at a Government technical college or school for a course of instruction or of undertaking a course of instruction by correspondence as prescribed by section 36 of this Act, every apprentice in the calling or group of callings in question, as stipulated in the direction, shall undertake the course of instruction by continuous attendance at a Government technical college or school for the period each year of the course of instruction stipulated in the direction. (2) The period of continuous attendance stipulated for each year of the course of instruction may be the same period each year or may differ from year to year, but a period shall not exceed seven weeks in any calendar year. (3) The Minister, on the recommendation of the Executive, after consultation by the Executive with the Group Committee for the calling or group of callings in question, may direct by notification published in the Queensland Government Industrial Gazette that any previous direction given by him under this section is revoked or, subject to subsection (2) of this section, that a period of continuous attendance for any year of a course of instruction is varied as stipulated in the direction. (4) (a) Every apprentice in the calling or group of callings referred to in subsection (1) of this section shall attend and his employer shall permit such apprentice to attend a Government technical college or school for the purpose of undertaking the course of instruction by continuous attendance for the period each year stipulated in the Minister's direction, and in respect of such

696 Apprenticeship Act Amendment Act 1971, No. 54 attendance the employer shall pay the apprentice wages at the rate which would have been payable to him if he had performed an ordinary day's work on each working day of the period in question. (b) In respect of any period during which an apprentice is absent on leave with pay from his employment, this section applies so as not to require the employer to make any further payment by way of wages to the apprentice. (c) An employer shall permit an apprentice employed by him to take his annual holidays at a time other than a time when the apprentice is required to attend a course of instruction by continuous attendance at a Government technical college or school pursuant to this section. (5) The secretary of the Group Committee for the calling or group of callings in question shall notify in writing the employer, the guardian, if any, of the apprentice, and the apprentice of the commencement date of any period of instruction which the apprentice is required to undertake by continuous attendance at a Government technical college or school pursuant to this section not later than 42 days prior to such commencement date. (6) (a) Any of them the employer, the guardian, if any, of the apprentice, and the apprentice, who objects to the commencement date referred to in subsection (5) of this section, may, by notice in writing given to the Executive not later than 28 days prior to the commencement date, object to the commencement date and set out his grounds of objection. (b) The Executive shall as soon as practicable thereafter consider the objection, ascertain the views of the Group Committee in relation thereto, reach a decision allowing or disallowing the objection, and notify in writing forthwith the persons affected by the decision, of such decision. (c) Where the objection is allowed, the secretary of the Group Committee concerned shall notify the persons referred to in subsection (5) of this section, in accordance with the provisions of that subsection, of the substituted commencement date, in relation to which date the provisions for objection contained in this section shall likewise apply. (7) Reports as to attendance, conduct and progress at a Government technical college or school shall be supplied to employers and the Group Committees by the principal of such college or school within 21 days of the end of each period of continuous attendance.". 5. Amendment of s. 37. Section 37 of the Principal Act is amended by- (a) in subsection (1), omitting the words " specified by the Minister." and inserting in their stead. the words " notified by the secretary of such Committee.";

Apprenticeship Act Amendment Act 1971, No. 54 697 (b) inserting at the end of subsection (1) the following paragraph:- "An examination to which any apprentice who undertakes a course of instruction by continuous attendance pursuant to section 36A of this Act is required to submit himself shall be during or at the end of the period of continuous attendance, and if any such apprentice fails in any subject or subjects of the examination, he shall be given and shall undertake a supplementary examination in that subject or those subjects in accordance with the requirements of the Group Committee concerned where and when notified in writing by the secretary of such Committee."; (c) inserting after the first paragraph of subsection (2) the following paragraph:- "In the case of an apprentice who undertakes a course of instruction by continuous attendance pursuant to section 36A of this Act, an examination to which he is required to submit himself during or at the end of the period of continuous attendance is his annual examination for the year in question for the purposes of this Act, and the undertaking by him of a supplementary examination because of his failure to pass any subject or subjects in the examination is a sitting for the second time for his annual examination for the year in question for the purposes of this Act.". 6. Amendment of s. 38. Section 38 of the Principal Act is amended by, in subsections (1) and (4), omitting the word " thirty-six " and inserting in its stead in each case the words " 36 or section 36A". 7. Amendment of s. 40. Section 40 of the Principal Act is amended by omitting all words commencing with the words " be expended and applied " and concluding with the words " recommendation of the Executive." and inserting in their stead the following words:- 66 (a) be expended and applied by the Executive for the provision of prizes in connexion with the examinations prescribed for apprentices, and any expenses incidental thereto ; (b) be invested, pending expenditure and application as aforesaid,- (i) in any securities of or guaranteed by the Government or Treasurer of the Commonwealth or of this State; (ii) on deposit in any bank. Every security in respect of an investment pursuant to this section shall be held by the Executive or on its behalf by its bank, and it shall obtain and keep a safe custody receipt relating to every such security held on its behalf by its bank.". 8. Termination of application of certain Acts. The application of the provisions of the New South Wales Acts 9 George IV No. 8 and 8 Victoria No. 2, in so far as such provisions apply in Queensland, is hereby terminated in and for Queensland.

698 Apprenticeship Act Amendment Act 1971, No. 54 9. Amendment relating to currency references . The Principal Act is amended as set forth in the Schedule to this Act. THE SCHEDULE AMENDMENTS RELATING To DECIMAL CURRENCY IS. 91 Provisions to be amended Omit Insert s. 18 (2) s.36(8) s. 38 (1) s. 39 (1) s. 63 s. 65 s. 67 (3) s.67(3) s.78(l) s. 78 (1) one hundred pounds two pounds three pounds three pounds twenty pounds one hundred pounds five pounds two hundred pounds five pounds one hundred pounds $200 $4 $6 $6 $40 $200 $10 $400 $10 $200