Industrial Conciliation and Arbitration Acts Amendment Act of 1942 (6 Geo Vi No. 21) (Qld)

LABOUR. 6 GEO. VI. No. 21, 1942. Industrial Conciliation, Etc., Act. 117 LABOUR. (1) Industrial Conciliation and Arbitration Acts Amendment Act of 1942 .. (2) Workers' Compensation Acts Amendment Act of 1943 .. 6 Geo. VI. No. 21 7 Geo. VI. No. 9 An Act to Amend" The Industrial Conciliation and 6 * ~~ 2i. I. Arbitration Acts, 1932 to 1941," in certain IND~ : : BIAL CONCILIATION particulars. A. RB~ ~ TION ACTS AlIIENDlIlENT [ASSENTED TO 12TH NOVEMBER, 1942.] ACT OF 1942. B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the J... egis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. (1.) This Act may be cited, as " The Industrial Short title Oonciliation and Arbitration Acts Amendment Act .of::!truction. 1942," and shall be read as one with *" The Industnal Oonciliation and Arbitration Acts, 1932 to 1941," herein referred to as the Principal Act. (2.) The Principal Act and this Act may be 0>llective collectively cited as "The Industrial Oonciliation and tltle. Arbitration Acts, 1932 to 1942." Amendments of the Principal Act. 2. A new section (3A) is inserted after section three New s. 3A. of the Principal Act, as follows :- " [3A.] This Act shall be read and construed so as Construction not to exceed the legislative power of the State to the of Act. intent that where any enactment hereof would but for this section have been construed as being in excess of that power it shall nevertheless be a valid enactment to the extent to which it is not in excess of that power. 3. The following new section is inserted after New s. 18..1.. section eighteen of the Principal Act, as follows : - " [18A.] Where any employer has a place of employ- Where ment in Queensland, or is for the time being present in = ~ ~ o~ ee Queensland, and there employs an employee whose under award employment is not wholly carried out in Queensland is ;lart!;l in but, with the knowledge and consent of his employer, : th~ : t y _______________________ the State. * 23 G. V. No. 36 and amending Acts. See v. 4, p. 1020.

118 LABOUR. Industrial Conciliation, Etc., Act. 6 GEO. VI. No. 21, 1942 is in part carried out in any other part of the Common- wealth of Australia or its dependencies, any award which is binding on such employer and employee in respect of the part of such employment carried out by such employee in Queensland shall be equally binding on them in respect of the part of such employment carried out by such employee in any other part of the Common- wealth or its dependencies. For the purposes of this section the term" award" includes an industrial agreement." Amendment 4. Subsection two of section fifty of the Principal of s. 50 (2). Act is amended as follows:- (a) In the last paragraph thereof the words" and may be enforced as a decision of the Court" are repealed. (b) The following paragraphs are added thereto, namely:- " An order for payment made under this subsection by the Court, whether upon application or in the event of a prosecution, may be enforced as a decision of the Court." [Action for For the purpose of making an order for payment munodneerys due under this subsection, whether upon application or in the awards.] event of a prosecution, an industrial magistrate shall have the powers of a stipendiary magistrate regarding the making under *" The Justices Acts, 1886 to 1941," of an order made upon a complaint of a breach of duty, and the provisions of *" The Justices Acts, 1886 to 1941," relating to the enforcement of the decision of justices with respect to a complaint of a breach of duty and the recovery of any sum of money or costs required to be paid by such decision and the consequences of default in paying same and all forms appropriate thereto shall, mutatis mutandis, apply to and be observed in the in enforcement by the industrial magistrate of his order, the recovery of any sum of money, costs, or expenses ordered to be paid with respect thereto, and in consequence of default in paying the same. ,. 50 V. No. 17 and amending Acts. See v. 4, pp. 363 et Beq.