Industrial Relations Act 1996 (NSW)
Industrial Relations Amendment (Transport Sector Gig Workers and Others) Act 2025 No 20, Sch 1[2] [3], in so far as it relates to the omission of sec 309(4)(b) and (i), and [8] (not commenced — to commence on 10.10.2026)
Local Court and Bail Legislation Amendment Act 2025 No 61, Sch 2.52 (not commenced)
Industrial Relations Amendment (De-amalgamation) Bill 2025
An Act to reform the law concerning industrial relations, and to repeal the Industrial Relations Act 1991.
This Act is the Industrial Relations Act 1996.
This Act commences on a day or days to be appointed by proclamation.
The objects of this Act are as follows—
(a) to provide a framework for the conduct of industrial relations that is fair and just,
(b) to promote efficiency and productivity in the economy of the State,
(c) to promote participation in industrial relations by employees and employers at an enterprise or workplace level,
(d) to encourage participation in industrial relations by representative bodies of employees and employers and to encourage the responsible management and democratic control of those bodies,
(e) to facilitate appropriate regulation of employment through awards, enterprise agreements and other industrial instruments,
(f) to prevent and eliminate discrimination, bullying and sexual harassment in the workplace,
(f1) to achieve gender equality in the workplace, and in particular—
(i) to ensure equal remuneration for men and women doing work of equal or comparable value, and
(ii) to eliminate gender-based undervaluation of work,
(g) to provide for the resolution of industrial disputes by conciliation and, if necessary, by arbitration in a prompt and fair manner and with a minimum of legal technicality,
(h) to encourage and facilitate co-operative workplace reform and equitable, innovative and productive workplace relations,
(i) to encourage strategies to attract and retain skilled staff where there are skill shortages so as to ensure effective and efficient delivery of services.
Expressions used in this Act (or in a particular provision of this Act) that are defined in the Dictionary at the end of this Act have the meanings given to them in the Dictionary.
Key expressions used in this Act are defined in the following provisions of this Chapter.
Some expressions used in this Act are defined in the Interpretation Act 1987, and have the meanings given to them in that Act.
In this Act,
(a) a person employed in any industry, whether on salary or wages or piece-work rates, or
(b) any person taken to be an employee by subsection (3).
A person is not prevented from being an employee only because—
(a) the person is working under a contract for labour only, or substantially for labour only, or
(b) the person works part-time or on a casual basis, or
(c) the person is the lessee of any tools or other implements of production, or
(d) the person is an outworker, or
(e) the person is paid wholly or partly by commission (such as a person working in the capacity of salesperson, commercial traveller or insurance agent).
The persons described in Schedule 1 are taken to be employees for the purposes of this Act. Any person described in that Schedule as the employer of such an employee is taken to be the employer.
A person employed or engaged by his or her spouse, de facto partner or parent is not an employee for the purposes of this Act.
“De facto partner” is defined in section 21C of the Interpretation Act 1987.
In this Act,
Examples of industrial matters are as follows—
(a) the employment of persons in any industry (including the employment of minors, trainees, apprentices and other classes of employees),
(b) the remuneration (including rates of pay, rates for piece-work and allowances) for employees in any industry,
(c) the conditions of employment in any industry (including hours of employment, qualifications of employees, manner of work and quantity of work to be done),
(d) part-time or casual employment (including part-time work agreements),
(e) the termination of employment of (or the refusal to employ) any person or class of persons in any industry,
(e1) the return to work for employees who have received a workplace injury,
(f) discrimination in employment in any industry (including in remuneration or other conditions of employment) on a ground to which the Anti-Discrimination Act 1977 applies,
(g) procedures for the resolution of industrial disputes,
(h) the established customs in any industry,
(i) the authorised remittance by employers of membership fees of industrial organisations of employees,
(j) the surveillance of employees in the workplace,
(k) the mode, terms and conditions under which work is given out, whether directly or indirectly, to be performed by outworkers in the clothing trades.
The Apprenticeship and Traineeship Act 2001 deals with apprenticeships and traineeships. Section 80 of that Act provides that that Act (and regulations, orders and directions under that Act) prevail over this Act (and regulations, orders, awards and agreements under this Act) to the extent of any inconsistency.
In this Act,
(a) any trade, manufacture, business, project or occupation in which persons work, or
(b) a part of an industry or a number of industries.
In this Act,
Notes in the text of this Act do not form part of this Act.
An eligible employer is declared not to be a national system employer for the purposes of the Fair Work Act 2009 of the Commonwealth if the Minister, by order published on the NSW legislation website, declares the employer not to be a national system employer.
An eligible employer is an employer that, under section 14 of the Fair Work Act 2009 of the Commonwealth, is eligible to be declared not to be a national system employer for the purposes of that Act.
If an eligible employer is declared not to be a national system employer, an industrial instrument (the
Subject to subsection (5), the transitional State instrument is, depending on the nature of the corresponding federal industrial instrument, taken to be either an award or an enterprise agreement under this Act.
The Commission may, on the application of the Minister or any party to the transitional State instrument—
(a) make a determination as to whether the instrument is to be taken to be an award or an enterprise agreement under this Act, and
(b) vary or revoke any term or provision of the instrument if the Commission is satisfied that it is fair and reasonable to do so in the circumstances, and
(c) exempt a party to the instrument from any provision of this Act if the Commission is satisfied that it is fair and reasonable to do so in the circumstances.
If the transitional State instrument provides for any matter, including remuneration or conditions of employment, that does not meet the requirements set out in Division 2 of Part 1 of Chapter 2, the instrument is taken to be modified to the extent necessary to meet those requirements (but only in the case where the instrument is taken to be an award under this Act).
The transitional State instrument applies (unless earlier rescinded or terminated in accordance with this Act) for a nominal term that ends on the earlier of the following dates, and after that date, applies until rescinded or terminated in accordance with this Act—
(a) the end of the day that is 2 years after the relevant eligible employer was declared not to be a national system employer,
(b) the end of the day that is the expiry date of the corresponding federal industrial instrument.
The regulations may make provision for or with respect to the application of this Act to transitional State instruments.
In this section—
(a) a fair work instrument under the Fair Work Act 2009 of the Commonwealth, or
(b) a Division 2B State instrument under Schedule 3A to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 of the Commonwealth, or
(c) an instrument given continuing effect under Schedule 3 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 of the Commonwealth, other than the following—
(i) an Australian workplace agreement,
(ii) a pre-reform Australian workplace agreement,
(iii) an individual transitional employment agreement.
This Act is subject to the Fair Work Act 2009 of the Commonwealth, including provisions of that Act that have effect in this State because of the referral of matters relating to workplace relations to the Commonwealth Parliament by the Industrial Relations (Commonwealth Powers) Act 2009.
A reference in any Act or instrument to an industrial instrument or agreement (however described) includes a reference to a relevant federal industrial instrument or agreement if the context permits and it is necessary to do so to take account of the reference of those matters to the Commonwealth Parliament.
The Commission may make an award in accordance with this Act setting fair and reasonable conditions of employment for employees.
An award may be made—
(a) on application to the Commission or on the Commission’s own initiative, or
(b) in the course of an arbitration by the Commission under Chapter 3 to resolve an industrial dispute.
An application for an award may be made only by—
(a) an employer, or
(b) an industrial organisation of employers or employees, or
(c) a State peak council.
Anyone who can apply for an award may become a party to any proceedings for making an award.
An applicant for an award, or to become a party to the making of an award, is required to satisfy the Commission that it or any one or more of its members has a sufficient interest in the proposed award.
An award is binding on all employees and employers to which it relates, whether or not they were a party to the making of the award.
An award that applies to a particular industry is, subject to its terms, taken to bind all employees and employers engaged in the industry.
An award is, subject to its terms, binding on all industrial organisations that were a party to the making of the award.
An award is required to be in writing, expressed to be an award and signed by at least one member of the Commission.
An award is to be published by the Industrial Registrar on the NSW industrial relations website.
An award is to comply with such other requirements as to form and procedure for its making as may be made by the regulations or (subject to any such regulations) by the rules of the Commission.
The Commission may give directions as to the standard format for awards.
An award is not to be made unless it contains procedures for the resolution of industrial disputes under the award (
However, an award need not contain dispute resolution procedures if the Commission is satisfied that another specified award already does so.
Dispute resolution procedures are to include procedures for—
(a) consultation at the workplace, and
(b) the involvement of relevant industrial organisations.
Dispute resolution procedures in awards do not apply to employers who employ fewer than 20 employees, unless the award specifically applies those procedures to such an employer.
An award comes into force on the date specified by the Commission.
However, legal proceedings relating to the enforcement of the award cannot be commenced until the expiration of 7 days after the day on which it is published on the NSW industrial relations website.
An award may be expressed to apply retrospectively, but not earlier than the date on which—
(a) application for the award was lodged with the Industrial Registrar, or
(b) the Commission itself initiated proceedings for the award, or
(c) the industrial dispute giving rise to the award was notified to the Commission.
Despite subsection (3), the following awards may, with the consent of the parties to the making of the award, apply retrospectively from a date, specified in the award, that is earlier than any date referred to in that subsection—
(a) an award that sets conditions of employment in connection with a project,
(b) an award that sets conditions of employment for employees of a single employer or for employees of two or more associated employers.
Section 190 enables the Full Bench or a Presidential Member to stay the operation of the whole or any part of an award for the purposes of appeal pending determination of the appeal or further order of the Commission.
An award applies for the period specified in it as its nominal term and, after that period, until rescinded by the Commission.
The nominal term of an award must not be less than 12 months nor more than 3 years.
However, an award that sets conditions of employment in connection with a project may have a specified nominal term that does not exceed the expected duration of the project.
An award may in special circumstances be made on an interim basis. Any such award is to be expressed to be an interim award and applies only for the period (not exceeding 12 months) specified in it.
The Commission may vary or rescind an award.
Sections 11, 13 and 15 apply to any such variation or rescission. The other provisions of this Division continue to apply to the award as varied.
An award may be varied or rescinded in any of the following circumstances only—
(a) at any time with the mutual consent of all the parties to the making of the original award,
(b) at any time to give effect to a decision of the Full Bench of the Commission under section 50 or 51 (National and State decisions),
(c) during its nominal term if the Commission considers that it is not contrary to the public interest to do so and that there is a substantial reason to do so,
(d) after its nominal term if the Commission considers that it is not contrary to the public interest to do so.
This section extends to a variation or rescission of an award in the course of an arbitration by the Commission under Chapter 3 to resolve an industrial dispute.
Section 169 also enables an award to be varied at any time to remove unlawful discrimination.
The Commission may, on application, grant an exemption from the whole or any part of an award if it is satisfied that it is not contrary to the public interest and that—
(a) it is in the best interests of the employees and employers concerned, or
(b) the operation of the award (or part of the award) would result in significant unemployment or other serious consequences for the employees and employers concerned.
An exemption may be granted for a period not exceeding 3 years at any one time.
The Commission may, on application or on its own initiative, review any exemption, and may confirm, vary or revoke the exemption.
The Commission is required to review each award before September 2001 and subsequently at least once in every 3 years.
The purpose of a review is to modernise awards, to consolidate awards relating to the same industry and to rescind obsolete awards.
The Commission must take account of the following matters in the review of awards—
(a) any decision of the Commission under Part 3 or any other test case decision of the Commission,
(b) rates of remuneration and other minimum conditions of employment,
(c) part-time work, casual work and job-sharing arrangements,
(d) dispute resolution procedures,
(e) any issue of discrimination under the awards, including pay equity,
(f) any obsolete provisions or unnecessary technicalities in the awards and the ease of understanding of the awards,
(g) any other matter relating to the objects of the Act that the Commission determines.
The Commission must also take account of the effect of the awards on productivity and efficiency in the industry concerned.
During a review of awards, relevant industrial organisations and any other parties to the awards may make submissions on any of the matters being reviewed.
The Commission is to make such changes to awards as it considers necessary as a result of a review.
In addition to submissions of relevant industrial organisations, the Minister, the President of the Anti-Discrimination Board and State peak councils may make submissions in pursuance of their general right of intervention in Commission proceedings under section 167.
The Commission may make an award consolidating, with or without amendments, related awards.
The Commission may rescind an obsolete award or an obsolete part of an award, whether or not in connection with the consolidation of awards.
The Industrial Registrar may, in accordance with the rules of the Commission, exercise the functions of the Commission under this section.
(Repealed)
The Commission must, on application, make an award setting any of the following conditions of employment—
(a) ordinary hours of employment,
(b) equal remuneration and other conditions for men and women doing work of equal or comparable value,
(c) employment protection provisions,
(d) provisions relevant to technological change,
(e) sick leave,
(f) part-time work,
(g) casual work.
Those conditions are to be set—
(a) in accordance with any relevant requirement of this Division and any other provision of this Act, and
(b) with due regard to any established principles of the Commission or other matters considered relevant.
Those conditions may be set in a new award or by the variation of an existing award.
This section applies even though there is an existing award dealing with the matter.
The number of ordinary working hours of an employee when set by an award must not exceed 40 hours per week, averaged over a 12 week period.
However, those ordinary hours may be averaged over a period not exceeding 52 weeks in the case of seasonal employment.
The ordinary working hours of an employee cannot be reduced by an award unless the reduction is made by a Full Bench of the Commission.
Whenever the Commission makes an award, it must ensure that the award provides equal remuneration and other conditions of employment for men and women doing work of equal or comparable value.
Employment protection provisions in an award are to be provisions relating to the obligations and rights of an employer and an employee on the termination or proposed termination of employment of the employee.
Provisions relevant to technological change may include provisions as to—
(a) the obligations of an employer on the introduction of technological change in the industry concerned, and
(b) the giving of notice of termination of services to employees and relevant organisations on account of the introduction of technological change (including the minimum period of notice).
Sick leave when set by an award must include provisions under which—
(a) each employee is entitled to not less than one week of sick leave on full pay for each year of service with an employer, and
(b) sick leave accumulates from year to year for at least 3 years, that is, sick leave not taken in each year of service will be available to the employee for a period of at least 3 years from the end of each such year.
Nothing in this Division prevents the Commission from making or varying awards relating to the conditions under which sick leave may be taken or imposing limitations on the amount of sick leave that may be accumulated by an employee.
An award must not allow or require an employee to cash-in the employee’s accumulated sick leave.
Accumulated sick leave is cashed-in if the leave is not taken and a payment is made by the employer to or on behalf of the employee of the amount of remuneration for the period of accumulated leave or of any other amount calculated by reference to that period.
It is immaterial when the accumulated sick leave is to be cashed-in, including on termination of employment (whether by resignation, retirement, death or otherwise) or during the period of employment.
A provision of an award, whether made before or after the commencement of this section, does not have any effect to the extent that the provision contravenes this section.
In this section,
(a) a former industrial agreement, and
(b) a public sector industrial agreement.
The above section does not apply to the cashing-in of sick leave under an enterprise agreement. Clause 14 of Schedule 4 preserves the cashing-in under an existing award of accumulated sick leave accrued before 15 February 1993, the date of commencement of section 99A of the Industrial Relations Act 1991 which was the predecessor of the above section.
Nothing in this Division affects—
(a) the requirements of this Part for the making or varying of awards, or
(b) the powers of the Commission and the Industrial Registrar under sections 18 and 125 (provisions relating to Commission granting exemptions from awards and Industrial Registrar issuing special wage permits).
In this Part—
(a) a modern award within the meaning of the Fair Work Act 2009 of the Commonwealth, or
(b) a Division 2B State award under Schedule 3A to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 of the Commonwealth.
(a) an award made, or taken to be made, by the Commission under this Act, and
(b) any order of the Commission under this Act that sets conditions of employment (but not including a dispute order, an order under Part 6 or a stand-down order under section 126), and
(c) a determination under section 52 of the Government Sector Employment Act 2013, or any similar determination relating to employment in the public sector (including employment with a local health district), and
(d) a public sector industrial agreement, and
(e) a former industrial agreement, and
(f) any other instrument made under this Act, or made under any other Act, relating to conditions of employment that is declared by the regulations to be a State award for the purposes of this Part.
An enterprise agreement may be made in accordance with this Act setting conditions of employment for employees.
An enterprise agreement may (subject to this Part) be made for any relevant group of employees, including the following—
(a) employees of a single employer (whether all employees or a group or category of employees),
(b) employees of 2 or more associated employers (whether associated because they are related corporations, because they are engaged in a joint or common venture or because they undertake similar work),
(c) employees engaged in a project (including a proposed project),
(d) public sector employees (whether employees of all or of one or more authorities or whether all or some of the employees of an authority).
An enterprise agreement cannot be made for a group of employees if that group is limited by the agreement only to members of an industrial organisation.
An enterprise agreement may be made between—
(a) the employer or employers of the employees for whom it is made, and
(b) one or more industrial organisations representing any of those employees.
An industrial organisation may represent only employees who are, or are eligible to be, members of the organisation.
An enterprise agreement may also be made between—
(a) the employer or employers of the employees for whom it is made, and
(b) the employees at the time the agreement is made.
Section 36 (4) provides that the agreement must be approved by at least 65% of the employees at a secret ballot. Section 36 (5A) provides that an industrial organisation can become a party to the agreement.
A State peak council or an industrial organisation of employers may sign an enterprise agreement on behalf of industrial organisations or of employers and may apply for approval for the agreement. In that case, the industrial organisations or employers on whose behalf the agreement is signed are taken to be parties to the agreement and not the State peak council or the industrial organisation of employers.
An industrial organisation of employers may so sign an enterprise agreement on behalf of any employers (whether or not named in the agreement) who may in future employ persons in the project, venture or other industry for which the agreement is made.
In the case of an enterprise agreement made under subsection (2), the group of employees from time to time covered by the agreement is taken to be one of the parties to the agreement for the purposes of this Part.
An enterprise agreement does not have any effect unless it is approved by the Commission under this Part.
This section extends to an enterprise agreement that varies an earlier agreement.
A Full Bench of the Commission is required to set principles to be followed by the Commission in determining whether to approve enterprise agreements.
In determining those principles, the Full Bench is to have regard, in particular, to the following—
(a) the objects of this Act and the public interest,
(b) the relevant criteria for approval imposed by this Part,
(c) the need for an appropriate process for approving agreements to be followed by the Commission,
(d) the need for an appropriate process for ensuring sufficient information about the effect of the agreement is provided to employees who are to be covered by the agreement,
(e) the need for an appropriate negotiating process for the agreement.
A Full Bench of the Commission is to review the principles for approval at least once every 3 years.
Principles for approval may be set or reviewed on the application of any party that can apply for approval of an enterprise agreement or on the Commission’s own initiative.
Industrial organisations are entitled to be notified of any proceedings of a Full Bench under this section and to make submissions on the setting or review of the principles for approval.
The Industrial Registrar is to publish the principles for approval on the NSW industrial relations website.
Principles for approval are to be set and published under this section within 6 months after the commencement of this Act.
Application for approval of an enterprise agreement may be made by lodging the agreement with the Industrial Registrar in accordance with this Part and the rules of the Commission.
At proceedings of the Commission relating to any such application for approval, the following may appear or be represented—
(a) any party to the agreement,
(b) an industrial organisation, if its members or persons eligible to become members are affected by the agreement,
(c) a State peak council (but only with leave of the Commission),
(d) the President of the Anti-Discrimination Board (but only with leave of the Commission).
The Commission is to deal with any such application for approval within 28 days, unless it requires additional time to do so because of the special circumstances of the case.
The Commission is to approve each enterprise agreement lodged for approval, but only if the Commission is satisfied that—
(a) the agreement complies with all relevant statutory requirements (including the requirements of this Part and of the Anti-Discrimination Act 1977), and
(b) in the case of an agreement that covers employees to whom State awards would otherwise apply—the agreement does not, on balance, provide a net detriment to the employees when compared with the aggregate package of conditions of employment under the State awards, and
(b1) in the case of an agreement that covers employees to whom Federal awards would otherwise apply—the employees are not disadvantaged in comparison to their entitlements under the Federal awards, and
(b2) in the case of an agreement that covers employees to whom no State or Federal award would otherwise apply—the agreement does not, on balance, provide a net detriment to the employees when compared with the aggregate package of conditions of employment under a State or Federal award that covers employees performing similar work to that performed by the employees covered by the agreement, and
(c) the parties understand the effect of the agreement, and
(d) the parties did not enter the agreement under duress.
This subsection applies to an enterprise agreement that applies to some but not all the employees of an employer, unless the employees to whom it applies comprise a distinct geographic, operational or organisational unit. The Commission is not to approve such an enterprise agreement if it is satisfied that—
(a) the agreement fails to cover employees who would reasonably be expected to be covered, given the nature of the work performed under the agreement and the organisational and operational relationships between the employees covered by the agreement and the remainder of the employees, and
(b) it is unfair not to cover the employees excluded from the agreement.
The Commission is to follow the principles for approval set under section 33 when deciding whether to approve an enterprise agreement, unless satisfied that any departure from those principles would not prejudice the interests of any of the parties to the agreement.
(Repealed)
An enterprise agreement under which employees are a party is not to be approved unless the requirements of this section have been complied with.
Before or at the time the employer first undertakes formal negotiations with the employees for the purposes of an agreement, the employer is to advise the Industrial Registrar in writing of the following—
(a) that an enterprise agreement is proposed or under negotiation,
(b) the State or Federal awards or enterprise agreements that then apply to the employees.
The Industrial Registrar is to advise such persons or bodies as are prescribed by the regulations of the proposed enterprise agreement.
The enterprise agreement must be approved in a secret ballot by not less than 65% of the employees who are to be covered by the agreement at the time the ballot is conducted.
The Industrial Registrar must, after the enterprise agreement is lodged for approval, prepare a report for the Commission comparing the conditions of employment under the agreement and the conditions of employment that would otherwise apply to the employees under relevant State or Federal awards. If there are no relevant State or Federal awards, the report is to outline any relevant employment conditions of the employees.
The Commission must, by its order, make an industrial organisation a party to the enterprise agreement if it is satisfied that—
(a) the industrial organisation represents any of the employees covered by the enterprise agreement, and
(b) the industrial organisation has notified the Commission of its intention to become a party to the agreement by lodging a notice to that effect with the Industrial Registrar at any time before the Commission approves of the agreement under this Part, and
(c) an employee covered by the agreement is a member of the industrial organisation and has requested the industrial organisation to become a party to the agreement.
The Commission may direct that the name of an employee who made that request is not to be disclosed to the employer or other person.
(Repealed)
This section applies to an enterprise agreement that is in the process of being negotiated and that will cover employees to whom no State or Federal award would otherwise apply.
A party to any such enterprise agreement may, before making an application for approval of the enterprise agreement under this Part, make a written application to the Industrial Registrar for a determination of the relevant State or Federal award against which the enterprise agreement will be compared for the purposes of the application of the “no net detriment” test in section 35 (1) (b2).
The Industrial Registrar must—
(a) advise any person or body entitled to be advised of the proposed enterprise agreement under section 36 (3) of the application made under this section, and
(b) advise the applicant, any such person or body and the Commission of the relevant State or Federal award determined by the Industrial Registrar.
If a determination is made by the Industrial Registrar under this section, the determination applies for the purposes of the application of the “no net detriment” test in section 35 (1) (b2), subject to the result of any appeal under this Act to the Commission against the determination of the Industrial Registrar.
If a determination is not made by the Industrial Registrar under this section, the determination of the matter is to be made by the Commission at the time of the application of the “no net detriment” test under section 35 (1) (b2).
Except as provided by subsection (2), a secret ballot under this Part must be conducted by a person (other than the employer or a person selected by that employer) on behalf of the employees entitled to vote in the ballot, being a person who meets any other requirement that may be imposed by the regulations or the principles established by the Commission.
If, within 14 days next following the holding of such a ballot, the Industrial Registrar receives a written complaint from at least 20% of the persons entitled to vote in the ballot alleging specified irregularities in the conduct of the ballot and requesting that a further secret ballot be conducted by an independent person, the Industrial Registrar may (if of the opinion that such action is justified) arrange with the persons concerned—
(a) for the conduct of such a further secret ballot, and
(b) for evidence of the result of the further ballot to be supplied to the Industrial Registrar.
The Commission may adjourn proceedings for the approval of an enterprise agreement if a request is made for a further ballot.
The Industrial Registrar may, in any special case, extend the time for receiving a request for a further ballot.
The result of a further ballot is to be disregarded if the Industrial Registrar is not satisfied that it has been conducted in accordance with the Industrial Registrar’s directions.
An enterprise agreement is required to be in writing and signed by or on behalf of the parties to it.
An enterprise agreement must—
(a) identify the parties to the agreement and describe the employees for whom it is made, and
(b) set all or some conditions of employment for those employees.
If an enterprise agreement does not specify the place or places of employment to which it applies, the agreement applies—
(a) to any place of employment at which those employees were employed at the time the agreement was made, and
(b) to any other place at which those employees could reasonably be expected to be employed during the currency of the agreement.
An enterprise agreement is not to be approved unless it contains procedures for the resolution of industrial disputes under the enterprise agreement (
However, an enterprise agreement need not contain dispute resolution procedures if the Commission is satisfied that another relevant agreement or award already does so.
Dispute resolution procedures may (but need not) be included in an enterprise agreement if the employer employs fewer than 20 employees.
An enterprise agreement is binding on—
(a) the parties to the agreement, and
(b) each employee for whom the agreement is made (whether or not such an employee at the time the agreement was made).
The provisions of an enterprise agreement prevail over the provisions of any State award of the Commission that deal with the same matters in so far as the provisions of the State award apply to a person bound by the enterprise agreement. This subsection is subject to the terms of the enterprise agreement.
Nothing in this Part limits the application to an employee bound by an enterprise agreement of any conditions of employment that apply to employees generally under this Act or any other Act.
(Repealed)
An enterprise agreement applies for the period specified in it as its nominal term and, after that period, until terminated in accordance with this Part.
The nominal term of an enterprise agreement must not be more than 3 years.
However, an enterprise agreement made for a project may have a specified nominal term not exceeding the expected duration of the project.
An enterprise agreement varying an earlier agreement applies for the residue of the term of the agreement it varies.
An enterprise agreement may be varied at any time by a further enterprise agreement made and approved in accordance with this Part.
The parties to the further agreement need not be the same as the parties to the earlier agreement.
Section 169 also enables an enterprise agreement to be varied at any time to remove unlawful discrimination.
An enterprise agreement can be terminated only in accordance with this section.
An enterprise agreement can be terminated at any time with the approval of all the parties to it, whether during or after its nominal term.
An enterprise agreement can also be terminated at or after the end of its nominal term by any one of the parties giving at least 3 months’ written notice of intention to terminate to each other party. The notice may be served before the end of the nominal term.
In the case of an enterprise agreement in which the employees are a party, the proposed termination of the agreement by the employees must be approved in a secret ballot by not less than 65% of the employees covered by the agreement at the time the ballot is conducted.
Termination of the enterprise agreement is not effective until the Industrial Registrar has been given written notice of the approval to terminate or of service of the notice of intention to terminate.
The Industrial Registrar is to keep a register of all enterprise agreements that have been approved by the Commission, approvals or notices to terminate enterprise agreements, and such other particulars as the Industrial Registrar considers appropriate.
The Industrial Registrar is to publish the following details on the NSW industrial relations website of each enterprise agreement as soon as practicable after the agreement is approved—
(a) the identity of the parties to the agreement and the description of the employees covered by the agreement,
(b) the commencement and the nominal term of the agreement,
(c) a statement of whether the agreement is a new agreement or the variation of an earlier agreement.
The register of enterprise agreements is to be open for public inspection during ordinary office hours.
A person may make copies of any document kept in the register of enterprise agreements on payment of such fee, if any, as is prescribed by the regulations.
Before an employer bound by an enterprise agreement employs a person who will be bound by conditions of employment set by the agreement, the employer must give the person notice of the existence of the agreement and access to a copy or to a summary of the agreement, for perusal by the person, in a language the person understands.
Maximum penalty—10 penalty units.
When making awards or exercising its other arbitral functions under this Act, the Commission is not to regard conditions of employment set by enterprise agreements as standard conditions of employment for other employees.
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As soon as practicable after the making of a National decision, a Full Bench of the Commission must give consideration to the decision and, unless satisfied that it is not consistent with the objects of this Act or that there are other good reasons for not doing so, must adopt the principles or provisions of the National decision for the purposes of awards and other matters under this Act.
A Full Bench of the Commission is to give consideration to the National decision either on application or on its own initiative.
The principles or provisions of a National decision may be adopted—
(a) wholly or partly and with or without modification, and
(b) generally for all awards or other matters under this Act or only for particular awards or other matters under this Act.
The principles or provisions of a National decision so adopted may be varied by a Full Bench of the Commission, whether or not another National decision is made.
A Full Bench of the Commission may, if satisfied that it is consistent with the objects of this Act and that there are good reasons for doing so, make a State decision setting principles or provisions for the purposes of awards and other matters under this Act.
A Full Bench of the Commission may make a State decision only on the application of a State peak council or on its own initiative.
A State decision may apply generally to all awards or other matters under this Act or only to particular awards or other matters under this Act.
The principles or provisions of a State decision may be varied by a Full Bench of the Commission.
A Full Bench of the Commission may, when adopting the principles or provisions of a National decision or making a State decision, make or vary awards, or make other orders, to the extent necessary to give effect to its decision.
(Repealed)
The adoption of a National decision or the making of a State decision enables the variation of an award to give effect to the decision without the concurrence of the parties to the award (see section 17).
This Part applies to all employees, including part-time employees or regular casual employees, but does not apply to other casual or seasonal employees.
For the purposes of this Part, a
An employee is entitled to a total of 52 weeks unpaid parental leave in connection with the birth or adoption of a child, as provided by this Part.
Parental leave is not to extend beyond 1 year after the child was born or adopted.
See also Part 5 relating to entitlements to part-time work agreements.
For the purposes of this Part,
(a) an unbroken period of up to one week at the time of the birth of the child or other termination of the pregnancy (
short paternity or partner leave ), and(b) a further unbroken period in order to be the primary care-giver of the child (
extended paternity or partner leave ).
(a) an unbroken period of up to 3 weeks at the time of the placement of the child with the employee (
short adoption leave ), and(b) a further unbroken period in order to be the primary care-giver of the child (
extended adoption leave ).
For the purposes of this Part,
Employees are also entitled to special maternity leave for recovery from a termination of pregnancy or illness related to pregnancy (section 71) and to special adoption leave up to 2 days to attend interviews or examinations for the purposes of adoption (section 72). The requirement of unbroken periods of leave is subject to section 63 (Employee and employer may agree to interruption of parental leave by return to work).
This Part sets out the minimum entitlements of employees to parental leave.
The provisions of an industrial instrument, contract of employment or other agreement (whether made or entered into before or after the commencement of this Part) do not have effect to the extent that they provide an employee with a benefit that is less favourable to the employee than the benefit to which the employee is entitled under this Part.
An employee is entitled to parental leave only if the employee has had at least 12 months of continuous service with the employer.
Continuous service is service under one or more unbroken contracts of employment, including—
(a) any period of authorised leave or absence, and
(b) any period of part-time work.
However, in the case of a casual employee—
(a) the employee is entitled to parental leave only if the employee has had at least 12 months of continuous service with the employer as a regular casual employee (or partly as a regular casual employee and partly as a full-time or part-time employee), and
(b) continuous service is work for an employer on an unbroken regular and systematic basis (including any period of authorised leave or absence).
Under Part 8 of this Chapter a period of service in the business of a former employer counts as service with a new employer to whom the business concerned has been transferred.
The notices and documents to be given to the employer for the purposes of taking maternity leave are as follows—
(a) The employee should give at least 10 weeks’ written notice of the intention to take the leave.
(b) The employee must, at least 4 weeks’ before proceeding on leave, give written notice of the dates on which she proposes to start and end the period of leave.
(c) The employee must, before the start of leave, provide a certificate from a medical practitioner confirming that she is pregnant and the expected date of birth.
(d) The employee must, before the start of leave, provide a statutory declaration by the employee stating, if applicable, the period of any paternity or partner leave sought or taken by her spouse.
The notices and documents to be given to the employer for the purposes of taking paternity or partner leave are as follows—
(a) In the case of extended paternity or partner leave, the employee should give at least 10 weeks’ written notice of the intention to take the leave.
(b) The employee must, at least 4 weeks before proceeding on leave, give written notice of the dates on which the employee proposes to start and end the period of leave.
(c) The employee must, before the start of leave, provide a certificate from a medical practitioner confirming that the employee’s spouse is pregnant and the expected date of birth.
(d) In the case of extended paternity or partner leave, the employee must, before the start of leave, provide a statutory declaration by the employee stating—
(i) if applicable, the period of any maternity leave sought or taken by the employee’s spouse, and
(ii) that the employee is seeking that period of extended paternity or partner leave to become the primary care-giver of a child.
The notices and documents to be given to the employer for the purposes of taking adoption leave are as follows—
(a) In the case of extended adoption leave, the employee should give written notice of any approval or other decision to adopt a child at least 10 weeks’ before the expected date of placement.
(b) The employee must give written notice of the dates on which the employee proposes to start and end the period of leave, as soon as practicable after the employee is notified of the expected date of placement of the child but at least 14 days before proceeding on leave.
(c) The employee must, before the start of leave, provide a statement from an adoption agency or another appropriate body of the expected date of placement of the child with the employee for adoption purposes.
(d) In the case of extended adoption leave, the employee must, before the start of leave, provide a statutory declaration by the employee stating—
(i) if applicable, the period of any adoption leave sought or taken by his or her spouse, and
(ii) that the employee is seeking that period of extended adoption leave to become the primary care-giver of a child.
An employee does not fail to comply with this section if the failure was caused by—
(a) the child being born (or the pregnancy otherwise terminating) before the expected date of birth, or
(b) the child being placed for adoption before the expected date of placement,
or if it was not otherwise reasonably practicable to comply in the circumstances.
In the case of the birth of a living child, notice of the period of leave is to be given within 2 weeks after the birth and the certificate of the medical practitioner is to state that the child was born and the date of birth. In the case of the adoption of a child, notice of the period of leave is to be given within 2 weeks after the placement of the child.
An employee must notify the employer of any change in the information provided under this section within 2 weeks after the change.
If required by the employer, an employee who applies for parental leave is to give the employer a statutory declaration, or enter into an agreement with the employer, that for the period of the leave the employee will not engage in any conduct inconsistent with the employee’s contract of employment.
Parental leave does not break an employee’s continuity of service, but is not to be taken into account in calculating an employee’s period of service for any purpose.
However, parental leave counts as service for any purpose authorised by law or by any industrial instrument or contract of employment.
An employee is not entitled to parental leave at the same time as his or her spouse is on parental leave under this Part.
If this section is contravened the period of parental leave to which the employee is entitled under this Part is reduced by the period of leave taken by his or her spouse.
This section does not apply to short paternity or partner leave or short adoption leave.
Parental leave applied for but not commenced is automatically cancelled if—
(a) the employee withdraws the application for leave by written notice to the employer, or
(b) the pregnancy concerned terminates other than by the birth of a living child or the placement of the child concerned does not proceed.
If—
(a) the pregnancy of an employee or an employee’s spouse terminates other than by the birth of a living child while the employee or spouse is on parental leave, or
(b) the child in respect of whom an employee is then on parental leave dies, or
(c) the placement of a child for adoption purposes with an employee then on adoption leave does not proceed or continue,
the employee is entitled to resume work at a time nominated by his or her employer within 2 weeks after the date on which the employee gives his or her employer a notice in writing stating that the employee intends to resume work and the reason for the intended resumption.
This section does not affect an employee’s entitlement to special maternity leave under section 71.
An employee may take any annual leave or long service leave (or any part of it) to which the employee is entitled instead of or in conjunction with parental leave.
However, the total period of leave cannot be so extended beyond the maximum period of parental leave authorised by this Part.
Any paid sick leave or other paid absence authorised by law or by an industrial instrument or contract of employment is not available to an employee on parental leave, except if the paid absence is annual leave or long service leave or with the agreement of the employer.
An employee on parental leave may, with the agreement of the employer, break the period of leave by returning to work for the employer, whether on a full-time, part-time or casual basis.
The period of leave cannot be extended by such a return to work beyond the maximum period of leave authorised by this Part.
Nothing in this section affects any other work undertaken by the employee during parental leave.
Section 58 (6) requires the employee when taking parental leave to provide the employer with a statutory declaration, or enter into an agreement with the employer, that the employee will not engage during leave in any conduct inconsistent with the employee’s contract.
An employee may extend the period of parental leave once only by giving the employer notice in writing of the extended period at least 14 days before the start of the extended period. The period of leave cannot be extended by such a notice beyond the maximum period of leave authorised by this Part.
An employee may extend the period of parental leave at any time with the agreement of the employer. The period of leave can be extended by such an agreement beyond the maximum period of leave authorised by this Part.
This section applies to an extension of leave while the employee is on leave or before the employee commences leave.
An employee may shorten the period of parental leave with the agreement of the employer and by giving the employer notice in writing of the shortened period at least 14 days before the leave is to come to an end.
An employee returning to work after a period of parental leave is entitled to be employed in—
(a) the position held by the employee immediately before proceeding on that leave, or
(b) if the employee worked part-time or on a less regular casual basis because of the pregnancy before proceeding on maternity leave—the position held immediately before commencing that part-time work or less regular casual work, or
(c) if the employee was transferred to a safe job under section 70 before proceeding on maternity leave—the position held immediately before the transfer.
If the position no longer exists but there are other positions available that the employee is qualified for and is capable of performing, the employee is entitled to be employed in a position as nearly as possible comparable in status and pay to that of the employee’s former position.
This section extends to a female employee returning to work after a period of leave under section 71 (Special maternity leave and sick leave).
An employer who does not make available to an employee a position to which the employee is entitled under this section is guilty of an offence.
Maximum penalty—100 penalty units.
In this section, a reference to employment in a position includes, in the case of a casual employee, a reference to work for an employer on a regular and systematic basis.
An employee returning to work after parental leave may also have an entitlement to work part-time under an industrial instrument or a part-time work agreement under Part 5.
On becoming aware that an employee (or an employee’s spouse) is pregnant, or that an employee is adopting a child, an employer must inform the employee of—
(a) the employee’s entitlements to parental leave under this Part, and
(b) the employee’s obligations to notify the employer of any matter under this Part.
An employer cannot rely on an employee’s failure to give a notice or other document required by this Part unless the employer establishes that this subsection has been complied with in relation to the employee.
An employer must keep, for at least 6 years, a record of parental leave granted under this Part to employees and all notices and documents given under this Part by employees or the employer.
Maximum penalty—20 penalty units.
An employer must not terminate the employment of an employee because—
(a) the employee or employee’s spouse is pregnant or has applied to adopt a child, or
(b) the employee or employee’s spouse has given birth to a child or has adopted a child, or
(c) the employee has applied for, or is absent on, parental leave,
but otherwise the rights of an employer in relation to termination of employment are not affected by this Part.
Maximum penalty—100 penalty units.
For the purposes of establishing such a termination of employment, it is sufficient if it is established that the alleged reason for termination was one of two or more reasons for termination.
This section does not affect any other rights of a dismissed employee under this or any other Act or under any industrial instrument or contract of employment, or the rights of an industrial organisation representing such an employee.
A dismissed employee may also make a claim under Part 6 (Unfair dismissals).
A replacement employee is a person who is specifically employed as a result of an employee proceeding on parental leave (including as a replacement for an employee who has been temporarily promoted or transferred in order to replace the employee proceeding on parental leave).
Before a replacement employee is employed, the employer must inform the person of the temporary nature of the employment and of the rights of the employee on parental leave to return to work.
Maximum penalty—50 penalty units.
A reference in this section to an employee proceeding on parental leave includes a reference to a pregnant employee exercising a right under section 70 to be transferred to a safe job.
This section applies whenever the present work of a female employee is, because of her pregnancy or breastfeeding, a risk to the health or safety of the employee or of her unborn or new born child. The assessment of such a risk is to be made on the basis of a medical certificate supplied by the employee and of the obligations of the employer under the Work Health and Safety Act 2011.
The employer is to temporarily adjust the employee’s working conditions or hours of work to avoid exposure to that risk.
If such an adjustment is not feasible or cannot reasonably be required to be made, the employer is to transfer the employee to other appropriate work that—
(a) will not expose her to that risk, and
(b) is as nearly as possible comparable in status and pay to that of her present work.
If such a transfer is not feasible or cannot reasonably be required to be made, the employer is to grant the employee maternity leave under this Part (or any available paid sick leave) for as long as is necessary to avoid exposure to that risk, as certified by a medical practitioner.
An employer who does not comply with any obligation imposed on the employer by this section is guilty of an offence.
Maximum penalty (subsection (5)): 50 penalty units.
If the pregnancy of an employee terminates before the expected date of birth (other than by the birth of a living child), or she suffers illness related to her pregnancy, and she is not then on maternity leave—
(a) the employee is entitled to such period of unpaid leave (to be known as
special maternity leave ) as a medical practitioner certifies to be necessary before her return to work, or(b) the employee is entitled to such paid sick leave (either instead of or in addition to special maternity leave) as she is then entitled to and as a medical practitioner certifies to be necessary for her return to work.
An employee who is seeking to adopt a child is entitled to up to 2 days unpaid leave if the employee requires that leave to attend compulsory interviews or examinations as part of the adoption procedure.
This Part applies to all employees, including part-time employees and casual employees.
In this Part—
(a) committal proceedings, and
(b) sentencing proceedings, and
(c) proceedings on appeal, and
(d) proceedings on a back up offence or related offence (as defined in section 35 of the Criminal Procedure Act 1986) in relation to the alleged violent crime, and
(e) any other proceedings prescribed by the regulations.
(a) who suffers harm as a direct result of an act committed, or apparently committed, by another person in the course of an alleged violent crime, or
(b) who is the parent, grandparent or guardian of a child who suffers such harm (but only if the child is under the age of 18 years at the time victims leave is taken), or
(c) who is a member of the immediate family of a person who dies as a direct result of an act committed, or apparently committed, by another person in the course of an alleged violent crime.
The Interpretation Act 1987 defines a serious indictable offence as an indictable offence that is punishable by imprisonment for life or for a term of 5 years or more.
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(a) the person’s spouse, or
(b) the person’s de facto partner, or
(c) a parent or guardian, or step-parent, of the person, or
(d) a grandparent or step-grandparent of the person (a step-grandparent being a step-parent of a parent of the person), or
(e) a child or step-child of the person or some other child of whom the person is the guardian, or
(f) a grandchild or step-grandchild of the person (a step-grandchild being a step-child of a child of the person), or
(g) a brother, sister, step-brother or step-sister of the person.
An employee who is a victim of crime is entitled to unpaid victims leave in connection with court proceedings relating to the violent crime, as provided by this Part.
This Part does not affect any other entitlement to paid or unpaid leave of the employee.
Victims leave may be taken—
(a) for the purpose of attending court proceedings scheduled in relation to the violent crime (whether or not as a witness), and
(b) for the purpose of travelling to attend those court proceedings if the victim usually resides more than 100 kilometres from the place where the proceedings are scheduled to be held.
Victims leave may be taken for a full working day for the purpose of attending court proceedings even if the proceedings are only scheduled for a part of the day or, without prior notice to the employee, the proceedings do not proceed on the day on which they were scheduled.
Victims leave for the purpose of travel to attend court proceedings is not to exceed one working day for the duration of any stage of the court proceedings.
The notices and documents to be given to the employer for the purpose of taking victims leave are as follows—
(a) the employee is to give at least one week’s notice of the intention to take the leave,
(b) if requested by the employer, the employee is to provide to the employer a certificate from a police officer, prosecutor or other relevant official confirming that the employee is a victim of crime (within the meaning of this Part) and the date or dates on which the court proceedings will be held.
An employee is not required to comply with this section if the employee is not notified of the court proceedings in sufficient time to give the required period of notice or if it was not otherwise reasonably practicable to comply in the circumstances.
An employee returning to work after a period of victims leave is entitled to be employed in the position held by the employee immediately before proceeding on leave.
If the position no longer exists but there are other positions available that the employee is qualified for and is capable of performing, the employee is entitled to be employed in a position as nearly as possible comparable in status and pay to that of the employee’s former position.
See Part 6 of this Chapter and Part 1 of Chapter 5 for remedies available to an employee who is dismissed or otherwise victimised for claiming the benefit of victims leave.
Victims leave does not break an employee’s continuity of service, but any period of leave that exceeds 3 months is not to be taken into account in calculating the employee’s period of service for any purpose.
An employee may take any annual, long service or other leave to which the employee is entitled instead of or in conjunction with victims leave.
This Part sets out the minimum entitlements of employees to victims leave. The provisions of an industrial instrument, contract of employment or other agreement (whether made or entered into before or after the commencement of this Part) do not have effect to the extent that they provide an employee with a benefit that is less favourable to the employee than the benefit to which the employee is entitled under this Part.
This Part extends to persons employed on or after the commencement of this Part and to violent crimes committed before or after that commencement.
This Part applies to employees for whom any conditions of employment are set by an industrial instrument.
For the purposes of this Part,
Nothing in this Part affects any entitlement that an employee has to part-time work under any industrial instrument.
An employee may work part-time in accordance with this Part with the agreement of the employer (a
A part-time work agreement must be in writing and signed by the employer and employee.
A part-time work agreement must provide for agreement on the following—
(a) the entitlement of the employee to work part-time,
(b) the number of hours to be worked by the employee, the days on which they will be worked and commencing and finishing times for the work,
(c) the classification applying to the work to be performed,
(d) the entitlement (if any) of the employee to return to full-time employment.
The agreement may be limited to a specified period or periods of part-time employment, but need not be so limited.
The agreement may be made prior to the employee commencing employment with the employer.
A part-time work agreement may be varied by a further agreement in writing between the employee and employer.
A part-time work agreement must be retained by the employer during the period of part-time work.
The employer must give a copy of the agreement to the employee immediately after it is made.
The employer must send a copy of the agreement to the Industrial Registrar not later than 1 month after it is made.
The copy of the agreement is to be made available by the Industrial Registrar for public inspection during ordinary office hours. A person may make copies of it on payment of such fee, if any, as is prescribed by the regulations.
This section extends to any variation of the agreement.
Maximum penalty—20 penalty units.
Part-time work under this Part is to be in accordance with the provisions of the industrial instrument applicable to the work concerned, except where the provisions do not have effect or are modified because of this section.
To the extent that any such provision of the industrial instrument is based on an employee engaged on a full-time basis, the provision is to apply pro rata to part-time work under this Part.
A Full Bench of the Commission is required to make a State decision under Part 3 relating to part-time work by employees covered by industrial instruments and to set, by that decision, minimum conditions of employment to which part-time work agreements under this Part are to be subject. The minimum conditions must include minimum and maximum hours of work and other relevant conditions of employment.
Any of the following provisions of an industrial instrument has, except to the extent that it is identified as a minimum condition by any such State decision, no effect if it would prevent an employee working part-time under this Part—
(a) a provision limiting the number of employees who may work part-time,
(b) a provision establishing quotas as to the ratio of part-time to full-time employees,
(c) a provision prescribing a minimum or maximum number of hours a part-time employee may work.
An employer may request, but not require, an employee working part-time under this Part to work for longer than the hours agreed to under the part-time work agreement.
The leave entitlements of an employee working part-time under this Part (including entitlements previously accrued) are to be converted into hours. The conversion is to be based on a day’s leave being equivalent to the number of ordinary hours of work for a day of full-time employment.
Leave entitlements based on full-time work are to accrue pro rata during the part-time work.
Leave taken during part-time work is to be taken on an hourly basis for each ordinary hour of part-time work during which the employee is absent from work.
Any accrued leave entitlements on return to full-time employment are to be re-converted into days.
By agreement between the employer and the employee, the period over which leave is taken during part-time work may be shortened to the extent necessary for the employee to receive pay at the employee’s current full-time rate.
This section is subject to any provision of a relevant industrial instrument that provides for leave during part-time work.
A replacement employee is a person who is specifically employed as a result of an employee working part-time under this Part and whose employment may be terminated on the return of that employee to full-time employment.
Before a replacement employee is employed, the employer must inform the person of the temporary nature of the employment and of the rights of the employee working part-time to return to full-time employment.
Maximum penalty—50 penalty units.
This Part applies to the dismissal of—
(a) any public sector employee, or
(b) any other employee, except an employee for whom conditions of employment are not set by an industrial instrument and whose annual remuneration is greater than $62,200 (or such greater amount as is prescribed by the regulations).
This Part applies to the dismissal of an employee even if the person was employed in this State under a Federal award. However, this Part does not apply to the dismissal of any such employee if—
(a) the person is entitled to make an application to Fair Work Australia with respect to the dismissal on the ground that it was harsh, unjust or unreasonable, or
(b) the person would have been entitled to make such an application but for the exclusion of the person from the relevant provisions of the Fair Work Act 2009 of the Commonwealth (being an exclusion of a kind referred to in subsection (2)).
This Part does not apply to an employee who is exempted from this Part by the regulations. Any such regulation may only exempt specified classes of employees included in any of the following classes—
(a) employees engaged under a contract of employment for a specified period of time or a specific task,
(b) employees serving a period of probation or qualifying period,
(c) employees engaged on a casual basis for a short period,
(d) employees whose terms and conditions of employment are governed by special arrangements providing particular protection in respect of termination of employment either generally or in particular circumstances,
(e) employees in relation to whom the operation of the provisions of this Part causes or would cause substantial problems because of—
(i) their particular conditions of employment, or
(ii) the size or nature of the undertakings in which they are employed.
This Part does not apply to the dismissal of any such employee who is an apprentice or trainee (other than an existing worker trainee) within the meaning of the Apprenticeship and Traineeship Act 2001 or any such employee who is the Secretary of a Department or a Public Service senior executive under the Government Sector Employment Act 2013 or an executive officer to whom Part 5 of the Police Act 1990 applies.
This Part applies to the dismissal of an employee even though it occurred in the course of an industrial dispute and the Commission is otherwise authorised under this Act to order the reinstatement of the employee.
In this Part—
(a) the threat of dismissal, and
(b) in the case of a public sector employee—dispensing with the services of the employee, dismissing the employee as a consequence of disciplinary proceedings against, or the commission of an offence by, the employee or annulling the appointment of the employee.
(a) a modern award within the meaning of the Fair Work Act 2009 of the Commonwealth, or
(b) a Division 2B State award under Schedule 3A to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 of the Commonwealth.
If an employer dismisses an employee and the employee claims that the dismissal is harsh, unreasonable or unjust, the employee may apply to the Commission for the claim to be dealt with under this Part.
An application may be made on behalf of the employee by an industrial organisation of employees.
An industrial organisation may make one application on behalf of a number of employees who were dismissed at the same time or for related reasons. However, this subsection does not prevent the Commission from hearing a number of applications under this Part together or individually.
Date of commencement, assent, sec 2. | ||
No 56 | Statute Law (Miscellaneous Provisions) Act 2001. Assented to 17.7.2001. Date of commencement of Sch 2.24, assent, sec 2 (2). | |
No 80 | Apprenticeship and Traineeship Act 2001. Assented to 1.11.2001. Date of commencement, 1.1.2002, sec 2 and GG No 196 of 21.12.2001, p 10436. | |
No 94 | Workers Compensation Legislation Further Amendment Act 2001. Assented to 6.12.2001. Date of commencement of Sch 7, 1.1.2002, sec 2 (1) and GG No 195A of 21.12.2001, p 10175. | |
No 113 | Industrial Relations Amendment (Public Vehicles and Carriers) Act 2001. Assented to 14.12.2001. Date of commencement, assent, sec 2. | |
No 121 | Justices Legislation Repeal and Amendment Act 2001. Assented to 19.12.2001. Date of commencement of Sch 2, 7.7.2003, sec 2 and GG No 104 of 27.6.2003, p 5978. | |
No 128 | Industrial Relations (Ethical Clothing Trades) Act 2001. Assented to 19.12.2001. Date of commencement, 1.2.2002, sec 2 and GG No 34 of 1.2.2002, p 603. | |
No 7 | Courts Legislation Amendment Act 2002. Assented to 17.4.2002. Date of commencement, assent, sec 2. | |
No 23 | Compensation Court Repeal Act 2002. Assented to 21.6.2002. Date of commencement of Sch 1.3, 4.10.2002, sec 2 (2) and GG No 163 of 4.10.2002, p 8557. | |
No 32 | Industrial Relations Amendment (Unfair Contracts) Act 2002. Assented to 24.6.2002. Date of commencement, assent, sec 2. | |
No 73 | Miscellaneous Acts Amendment (Relationships) Act 2002. Assented to 1.10.2002. Date of commencement, 1.11.2002, sec 2 and GG No 201 of 1.11.2002, p 9302. | |
No 86 | Fair Trading Amendment (Employment Placement Services) Act 2002. Assented to 7.11.2002. Date of commencement, 17.2.2003, sec 2 and GG No 39 of 7.2.2003, p 761. | |
No 96 | Rail Safety Act 2002. Assented to 29.11.2002. Date of commencement, 8.2.2003, sec 2 and GG No 39 of 7.2.2003, p 766. | |
No 103 | Law Enforcement (Powers and Responsibilities) Act 2002. Assented to 29.11.2002. Date of commencement of Sch 4, 1.12.2005, sec 2 and GG No 45 of 15.4.2005, p 1356. | |
No 120 | Industrial Relations Amendment (Industrial Agents) Act 2002. Assented to 12.12.2002. Date of commencement, 1.2.2003, sec 2 and GG No 13 of 10.1.2003, p 99. | |
No 122 | Electricity Supply Amendment (Greenhouse Gas Emission Reduction) Act 2002. Assented to 16.12.2002. Date of commencement, 1.1.2003, sec 2 and GG No 263 of 20.12.2002, p 10744. | |
No 129 | Coal Mine Health and Safety Act 2002. Assented to 16.12.2002. Date of commencement of Sch 2.9, 13.6.2003, sec 2 and GG No 97 of 13.6.2003, p 5623. | |
No 40 | Statute Law (Miscellaneous Provisions) Act 2003. Assented to 22.7.2003. Date of commencement of Sch 2.17, assent, sec 2 (2). | |
No 48 | Industrial Relations Amendment (Adoption Leave) Act 2003. Assented to 23.10.2003. Date of commencement, assent, sec 2. | |
No 63 | Industrial Relations Amendment (Public Vehicles and Carriers) Act 2003. Assented to 6.11.2003. Date of commencement, assent, sec 2. | |
No 65 | Transport Legislation Amendment (Safety and Reliability) Act 2003. Assented to 20.11.2003. Date of commencement of Sch 6, 1.1.2004, sec 2 (1) and GG No 198 of 24.12.2003, p 11594. | |
No 71 | Courts Legislation Amendment Act 2003. Assented to 20.11.2003. Date of commencement, 1.1.2004, sec 2 and GG No 196 of 12.12.2003, p 11172. | |
No 74 | Mine Health and Safety Act 2004. Assented to 28.9.2004. Date of commencement of Sch 4, 1.9.2008, sec 2 and GG No 185 of 21.12.2007, p 9815. | |
No 114 | Teaching Services Amendment Act 2004. Assented to 21.12.2004. Date of commencement, 17.1.2005, sec 2 and GG No 7 of 14.1.2005, p 97. | |
No 11 | Road Transport (General) Act 2005. Assented to 14.4.2005. Date of commencement of Sch 3.17, 30.9.2005, sec 2 (1) and GG No 120 of 30.9.2005, p 7674. | |
No 28 | Civil Procedure Act 2005. Assented to 1.6.2005. Date of commencement of Sch 5.22, 15.8.2005, sec 2 (1) and GG No 100 of 10.8.2005, p 4205. | |
No 64 | Statute Law (Miscellaneous Provisions) Act 2005. Assented to 1.7.2005. Date of commencement of Sch 2.26, assent, sec 2 (2). | |
No 104 | Industrial Relations Amendment Act 2005. Assented to 1.12.2005. Date of commencement, 9.12.2005, sec 2 and GG No 154 of 9.12.2005, p 10026. | |
No 108 | Commission for Children and Young People Amendment Act 2005. Assented to 7.12.2005. Date of commencement of Sch 2, 2.1.2007, sec 2 and GG No 192 of 29.12.2006, p 11959. | |
No 1 | Industrial Relations Amendment Act 2006. Assented to 13.3.2006. Date of commencement, assent, sec 2. | |
No 2 | Public Sector Employment Legislation Amendment Act 2006. Assented to 13.3.2006. Date of commencement, 17.3.2006, sec 2 and GG No 35 of 17.3.2006, p 1378. | |
No 68 | Parliamentary Electorates and Elections Amendment Act 2006. Assented to 5.10.2006. Sch 19.10 was not commenced and was repealed by the Electoral Act 2017. | |
No 94 | Police Amendment (Miscellaneous) Act 2006. Assented to 22.11.2006. Date of commencement of Sch 3.17, 1.2.2007, sec 2 and GG No 22 of 1.2.2007, p 575. | |
No 96 | Industrial Relations (Child Employment) Act 2006. Assented to 27.11.2006. Date of commencement of sec 23, assent, sec 2 (1). | |
No 97 | Industrial Relations Further Amendment Act 2006. Assented to 27.11.2006. Date of commencement of Sch 1, Sch 1 [2] [10]–[12] [14] and [15] (to the extent that it inserts a definition of | |
No 120 | Statute Law (Miscellaneous Provisions) Act (No 2) 2006. Assented to 4.12.2006. Date of commencement of Sch 3, assent, sec 2 (2). | |
No 15 | Industrial and Other Legislation Amendment (APEC Public Holiday) Act 2007. Assented to 4.7.2007. Date of commencement of Sch 1, assent, sec 2 (1). | |
No 94 | Miscellaneous Acts (Local Court) Amendment Act 2007. Assented to 13.12.2007. Date of commencement of Schs 1.51, 2, 5 and 7, 6.7.2009, sec 2 and 2009 (314) LW 3.7.2009. | |
No 23 | Miscellaneous Acts Amendment (Same Sex Relationships) Act 2008. Assented to 11.6.2008. Date of commencement, 22.9.2008, sec 2 and GG No 118 of 19.9.2008, p 9283. | |
No 49 | Shop Trading Act 2008. Assented to 30.6.2008. Date of commencement, 1.7.2008, sec 2. | |
No 95 | Dangerous Goods (Road and Rail Transport) Act 2008. Assented to 3.12.2008. Date of commencement, 1.5.2009, sec 2 and 2009 (122) LW 17.4.2009. | |
No 97 | Rail Safety Act 2008. Assented to 3.12.2008. Date of commencement, 1.1.2009, sec 2 and GG No 158 of 19.12.2008, p 12308. | |
No 107 | Courts and Crimes Legislation Further Amendment Act 2008. Assented to 8.12.2008. Date of commencement of Sch 13, assent, sec 2 (1). | |
No 7 | Associations Incorporation Act 2009. Assented to 7.4.2009. Date of commencement, 1.7.2010, sec 2 and 2010 (237) LW 11.6.2010. | |
No 32 | Industrial Relations Amendment (Jurisdiction of Industrial Relations Commission) Act 2009. Assented to 9.6.2009. The Act was not commenced and was repealed by the Industrial Relations Amendment (Industrial Court) Act 2016 No 48. | |
No 77 | Courts and Crimes Legislation Amendment Act 2009. Assented to 3.11.2009. Date of commencement of Sch 2.11, assent, sec 2 (1). | |
No 87 | Industrial Relations Further Amendment (Jurisdiction of Industrial Relations Commission) Act 2009. Assented to 19.11.2009. The Act was not commenced and was repealed by the Industrial Relations Amendment (Industrial Court) Act 2016 No 48. | |
No 115 | Industrial Relations (Commonwealth Powers) Act 2009. Assented to 14.12.2009. Date of commencement, 1.1.2010, sec 2 and 2009 (610) LW 18.12.2009. | |
No 19 | Relationships Register Act 2010. Assented to 19.5.2010. Date of commencement of Sch 3, assent, sec 2 (2). | |
No 35 | Industrial Relations Amendment (Consequential Provisions) Act 2010. Assented to 15.6.2010. Date of commencement, assent, sec 2. | |
No 54 | Industrial Relations Amendment (Public Sector Appeals) Act 2010. Assented to 28.6.2010. Date of commencement, 1.7.2010, sec 2. | |
No 63 | Courts Legislation Amendment Act 2010. Assented to 28.6.2010. Date of commencement of Sch 1.10, assent, sec 2 (2). | |
No 109 | Industrial Relations Amendment (Non-operative Awards) Act 2010. Assented to 29.11.2010. Date of commencement, assent, sec 2. | |
No 122 | Contract Cleaning Industry (Portable Long Service Leave Scheme) Act 2010. Assented to 7.12.2010. Date of commencement, 1.7.2011, sec 2. | |
No 135 | Courts and Crimes Legislation Further Amendment Act 2010. Assented to 7.12.2010. Sch 14 [1] and [2] were not commenced and the Act was repealed by the Industrial Relations Amendment (Industrial Court) Act 2016 No 48. | |
No 2 | Miscellaneous Acts Amendment (Directors’ Liability) Act 2011. Assented to 10.5.2011. Date of commencement, assent, sec 2. | |
No 13 | Industrial Relations Amendment (Public Sector Conditions of Employment) Act 2011. Assented to 17.6.2011. Date of commencement, assent, sec 2. | |
No 37 | Public Interest Disclosures Amendment Act 2011. Assented to 13.9.2011. Date of commencement of Sch 2, 1.11.2011, sec 2 (1) and 2011 (535) LW 7.10.2011. | |
No 41 | Transport Legislation Amendment Act 2011. Assented to 13.9.2011. Date of commencement of Sch 5.12, 1.11.2011, sec 2 and 2011 (559) LW 28.10.2011. | |
No 62 | Statute Law (Miscellaneous Provisions) Act (No 2) 2011. Assented to 16.11.2011. Date of commencement of Sch 3, 6.1.2012, sec 2 (1). | |
No 67 | Work Health and Safety Legislation Amendment Act 2011. Assented to 28.11.2011. Date of commencement of Sch 4, 1.1.2012, sec 2 (1). | |
No 68 | Industrial Relations Amendment (Non-operative Awards) Act 2011. Assented to 28.11.2011. Date of commencement, assent, sec 2. | |
No 73 | Police Amendment (Death and Disability) Act 2011. Assented to 30.11.2011. Date of commencement of Sch 4, 9.12.2011, sec 2 and 2011 (627) LW 9.12.2011. | |
No 27 | Industrial Relations Amendment (Industrial Organisations) Act 2012. Assented to 11.5.2012. Date of commencement, assent, sec 2. | |
No 51 | Child Protection (Working with Children) Act 2012. Assented to 27.6.2012. Date of commencement, 15.6.2013, sec 2 and 2013 (154) LW 26.4.2013. | |
No 68 | Industrial Relations Amendment (Industrial Representation) Act 2012. Assented to 24.9.2012. Date of commencement, assent, sec 2. | |
No 82 | Rail Safety (Adoption of National Law) Act 2012. Assented to 29.10.2012. Date of commencement, 20.1.2013, sec 2 (1) and 2012 (646) LW 21.12.2012. | |
No 95 | Statute Law (Miscellaneous Provisions) Act (No 2) 2012. Assented to 21.11.2012. Date of commencement of Sch 2, 4.1.2013, sec 2 (1). | |
No 19 | Road Transport Legislation (Repeal and Amendment) Act 2013. Assented to 3.4.2013. Date of commencement, 1.7.2013, sec 2 and 2013 (329) LW 28.6.2013. | |
No 40 | Government Sector Employment Act 2013. Assented to 25.6.2013. Date of commencement of Sch 6.4, 24.2.2014, sec 2 and 2013 (631) LW 8.11.2013. | |
No 73 | Entertainment Industry Act 2013. Assented to 1.10.2013. Date of commencement, 1.3.2014, sec 2 and 2014 (66) LW 21.2.2014. | |
No 85 | Industrial Relations Amendment (Industrial Court) Act 2013. Assented to 31.10.2013. Date of commencement, 20.12.2013, sec 2 and 2013 (689) LW 13.12.2013. | |
No 95 | Civil and Administrative Legislation (Repeal and Amendment) Act 2013. Assented to 20.11.2013. Date of commencement, 1.1.2014, sec 2. | |
No 14 | Courts and Other Legislation Amendment Act 2014. Assented to 20.5.2014. Date of commencement of Sch 3.1, assent, sec 2 (1). | |
No 37 | State Revenue and Other Legislation Amendment (Budget Measures) Act 2014. Assented to 24.6.2014. Date of commencement of Sch 5, assent, sec 2 (2). | |
No 46 | Passenger Transport Act 2014. Assented to 17.9.2014. Sch 4.6 was not commenced and was repealed by the Point to Point Transport (Taxis and Hire Vehicles) Act 2016 No 34. | |
No 2 | Courts and Crimes Legislation Amendment Act 2015. Assented to 15.5.2015. Date of commencement, assent, sec 2. | |
No 7 | Legal Profession Uniform Law Application Legislation Amendment Act 2015. Assented to 9.6.2015. Date of commencement of Sch 2, 1.7.2015, sec 2 (2) and 2015 (299) LW 19.6.2015. | |
No 15 | Statute Law (Miscellaneous Provisions) Act 2015. Assented to 29.6.2015. Date of commencement of Sch 2, 8.7.2015, sec 2 (1). | |
No 50 | Strata Schemes Management Act 2015. Assented to 5.11.2015. Date of commencement of Sch 4, 30.11.2016, sec 2 and 2016 (492) LW 12.8.2016. | |
No 58 | Statute Law (Miscellaneous Provisions) Act (No 2) 2015. Assented to 24.11.2015. Date of commencement of Sch 3, 15.1.2016, sec 2 (3). | |
No 34 | Point to Point Transport (Taxis and Hire Vehicles) Act 2016. Assented to 28.6.2016. Date of commencement of Sch 7, 1.11.2017, sec 2 (1) and 2017 (577) LW 20.10.2017. | |
No 48 | Industrial Relations Amendment (Industrial Court) Act 2016. Assented to 18.10.2016. Date of commencement of Sch 1, Sch 1 [115]–[117] excepted, 8.12.2016, sec 2 (1) and 2016 (674), LW 15.11.2016; date of commencement of Sch 1 [115]–[117], assent, sec 2 (2). | |
No 22 | Statute Law (Miscellaneous Provisions) Act 2017. Assented to 1.6.2017. Date of commencement of Sch 3, 7.7.2017, sec 2 (3). | |
No 25 | Electronic Transactions Legislation Amendment (Government Transactions) Act 2017. Assented to 27.6.2017. Date of commencement, assent, sec 2. | |
No 63 | Statute Law (Miscellaneous Provisions) Act (No 2) 2017. Assented to 23.11.2017. Date of commencement of Sch 1.11, 14 days after assent, sec 2 (1). | |
No 29 | Justice Legislation Amendment Act (No 2) 2018. Assented to 21.6.2018. Date of commencement of Sch 1.15, assent, sec 2 (1). | |
No 33 | Criminal Legislation Amendment (Child Sexual Abuse) Act 2018. Assented to 27.6.2018. Date of commencement of Sch 5.10, 1.12.2018, sec 2 and 2018 (671) LW 30.11.2018. | |
No 68 | Statute Law (Miscellaneous Provisions) Act (No 2) 2018. Assented to 31.10.2018. Date of commencement of Sch 2.16, 8.1.2019, sec 2 (1). | |
No 5 | COVID-19 Legislation Amendment (Emergency Measures—Miscellaneous) Act 2020. Assented to 14.5.2020. Date of commencement of Sch 1.16, assent, sec 2(1). | |
No 30 | Statute Law (Miscellaneous Provisions) Act 2020. Assented to 27.10.2020. Date of commencement of amendments made by Sch 2.21, 11.12.2020, sec 2(3); date of commencement of amendments made by Sch 4, 22.1.2021, sec 2(4). | |
No 5 | COVID-19 Recovery Act 2021. Assented to 25.3.2021. Date of commencement of Sch 1.16, assent, sec 2(1). | |
No 14 | Public Interest Disclosures Act 2022. Assented to 13.4.2022. Date of commencement, 1.10.2023, sec 2 and 2023 (11) LW 20.1.2023. | |
No 7 | Statute Law (Miscellaneous Provisions) Act 2023. Assented to 3.7.2023. Date of commencement, 14.7.2023, sec 2. | |
No 35 | Statute Law (Miscellaneous Provisions) Act (No 2) 2023. Assented to 30.10.2023. Date of commencement of Sch 4, assent, sec 2(c). | |
No 41 | Industrial Relations Amendment Act 2023. Assented to 5.12.2023. Date of commencement of Sch 1.1 and 1.3, 15.12.2023, sec 2 and 2023 (666) LW 15.12.2023; date of commencement of Sch 1.2, 1.7.2024, sec 2 and 2024 (131) LW 26.4.2024. | |
No 39 | Community Services Sector (Portable Long Service Leave) Act 2024. Assented to 24.6.2024. Date of commencement of Sch 4, 1.7.2025, sec 2 and 2025 (294) LW 27.6.2025. | |
No 56 | Industrial Relations Amendment (Administrator) Act 2024. Assented to 20.8.2024. Date of commencement, 26.8.2024, sec 2 and 2024 (430) LW 26.8.2024. | |
(431) | Industrial Relations Amendment (Administrator) Regulation 2024. LW 26.8.2024. Date of commencement, on publication on LW, sec 2. | |
No 60 | Police Amendment (Police Officer Support Scheme) Act 2024. Assented to 27.9.2024. Date of commencement, assent, sec 2(a). | |
No 82 | Statute Law (Miscellaneous Provisions) Act (No 2) 2024. Assented to 21.11.2024. Date of commencement of Sch 2.8, assent, sec 2(b). | |
No 8 | Industrial Relations Amendment Act 2025. Assented to 2.3.2025. Date of commencement of Sch 1.5[1], assent, sec 2(b); date of commencement of Sch 1.5[2]–[5], 1.5.2025, sec 2(a) and 2025 (182) LW 24.4.2025. | |
No 20 | Industrial Relations Amendment (Transport Sector Gig Workers and Others) Act 2025. Assented to 9.4.2025. Date of commencement of Sch 1[1] [9]–[20] and [22], assent, sec 2(c); date of commencement of Sch 1[2] [3], in so far as it relates to the omission of sec 309(4)(b) and (i), and [8]: not in force; date of commencement of Sch 1[3], in so far as it relates to the omission of sec 309(4)(c)–(e), [4]–[7] and [21], 6 months after assent (i.e. 10.10.2026), sec 2(a). | |
No 42 | Industrial Relations and Other Legislation Amendment (Workplace Protections) Act 2025. Assented to 3.7.2025. Date of commencement of Sch 1[1] [3] [6] [9] [22] [23] [29]–[31] [39] and [41], 13.10.2025, sec 2(a) and 2025 (531) LW 26.9.2025; date of commencement of Sch 1[2] [4] [5] [7] [8] [10]–[21] [24]–[28] [32]–[38] and [40], assent, sec 2(b). |
Sec 3 | Am 2023 No 41, Sch 1.3[1]; 2025 No 42, Sch 1[1]. |
Sec 5 | Am 2001 No 128, Sch 2 [1]; 2008 No 23, Sch 3.27 [1]; 2010 No 19, Sch 3.49 [1]. |
Sec 6 | Am 2001 No 80, Sch 3.3 [1]; 2006 No 97, Sch 1 [1]; 2025 No 42, Sch 1[2]. |
Sec 9A | Ins 2009 No 115, Sch 2 [1]. Am 2010 No 35, Sch 1 [1]. |
Sec 9B | Ins 2009 No 115, Sch 2 [1]. |
Sec 13 | Am 2006 No 97, Sch 1 [2]. |
Sec 15 | Am 2000 No 67, Sch 1 [1]; 2006 No 97, Sch 1 [2]; 2016 No 48, Sch 1 [1]; 2023 No 41, Sch 1.2[1]. |
Sec 17 | Am 2010 No 109, Sch 1 [1]–[4]; 2011 No 68, Sch 1 [1]–[3]. |
Sec 19 | Am 1999 No 39, Sch 2; 2010 No 109, Sch 1 [5] [6]; 2011 No 68, Sch 1 [4] [5]. |
Sec 20 | Am 2010 No 109, Sch 1 [7]; 2011 No 68, Sch 1 [6]. |
Sec 20A | Ins 2010 No 109, Sch 1 [8]. Rep 2011 No 68, Sch 1 [7]. |
Sec 28A | Ins 2000 No 67, Sch 1 [2]. Am 2010 No 35, Sch 1 [2]; 2015 No 58, Sch 3.48 [1]. |
Sec 31 | Am 2000 No 67, Sch 1 [3]. |
Sec 33 | Am 2006 No 97, Sch 1 [2]. |
Sec 35 | Am 2000 No 67, Sch 1 [4] [5]. |
Sec 36 | Am 2000 No 67, Sch 1 [6]–[8]. |
Sec 36A | Ins 2000 No 67, Sch 1 [9]. |
Sec 41 | Am 2000 No 67, Sch 1 [10]–[12]; 2010 No 35, Sch 1 [3]. |
Sec 42 | Am 2000 No 67, Sch 1 [13]. |
Sec 45 | Am 2006 No 97, Sch 1 [2]. |
Sec 48 | Subst 2010 No 35, Sch 1 [4]. |
Sec 52 | Am 2010 No 109, Sch 1 [9] [10]; 2011 No 68, Sch 1 [8] [9]. |
Sec 53 | Subst 2000 No 67, Sch 1 [14]. |
Sec 55 | Am 2003 No 48, Sch 1 [1]; 2008 No 23, Sch 3.27 [2]–[5]. |
Sec 57 | Am 2000 No 67, Sch 1 [15]; 2001 No 47, Sch 1 [1]. |
Sec 58 | Am 2008 No 23, Sch 3.27 [2] [6]–[8]. |
Sec 60 | Am 2008 No 23, Sch 3.27 [2]. |
Sec 66 | Am 2000 No 67, Sch 1 [16] [17]. |
Sec 70 | Am 2000 No 40, Sch 2.6 [1]; 2011 No 67, Sch 4.14 [1]. |
Chapter 2, Part 4B | Ins 2001 No 21, Sch 1 [1]. |
Sec 72AA | Ins 2001 No 21, Sch 1 [1]. |
Sec 72AB | Ins 2001 No 21, Sch 1 [1]. Am 2010 No 19, Sch 3.49 [2]; 2018 No 33, Sch 5.10. |
Secs 72AC–72AG | Ins 2001 No 21, Sch 1 [1]. |
Sec 79 | Am 1998 No 54, Sch 2.20 [1]. |
Sec 83 | Am 1998 No 164, Sch 1 [1] [2]; 2000 No 67, Sch 1 [18] [19]; 2001 No 80, Sch 3.3 [2]; 2010 No 35, Sch 1 [5]–[8]; 2011 No 62, Sch 3.15; 2013 No 40, Sch 6.4 [1]. |
Sec 90A | Ins 1998 No 164, Sch 1 [3]. Rep 2000 No 67, Sch 1 [20]. Ins 2002 No 120, Sch 1 [1]. |
Sec 90B | Ins 1998 No 164, Sch 1 [3]. Rep 2000 No 67, Sch 1 [20]. Ins 2002 No 120, Sch 1 [1]. Am 2006 No 120, Sch 3.13 [1]. |
Chapter 2, Part 7, heading | Am 2013 No 40, Sch 6.4 [2]. |
Chapter 2, Part 7 | Rep 2006 No 97, Sch 1 [3]. Ins 2010 No 54, Sch 1 [1]. |
Chapter 2, Part 7, Div 1 | Ins 2010 No 54, Sch 1 [1]. |
Sec 91 | Am 1998 No 85, Sch 2.7 [1]. Rep 2006 No 97, Sch 1 [3]. Ins 2010 No 54, Sch 1 [1]. Am 2011 No 41, Sch 5.12 [1] [2]; 2013 No 40, Sch 6.4 [3]–[7]; 2015 No 58, Sch 3.48 [2]; 2016 No 48, Sch 1 [2]; 2023 No 41, Sch 1.2[2]. |
Sec 92 | Rep 2006 No 97, Sch 1 [3]. Ins 2010 No 54, Sch 1 [1]. Am 2013 No 40, Sch 6.4 [8]; 2023 No 35, Sch 4.20. |
Chapter 2, Part 7, Div 2 | Ins 2010 No 54, Sch 1 [1]. Rep 2013 No 40, Sch 6.4 [9]. |
Secs 93–95 | Rep 2006 No 97, Sch 1 [3]. Ins 2010 No 54, Sch 1 [1]. Rep 2013 No 40, Sch 6.4 [9]. |
Sec 96 | Am 1998 No 85, Sch 2.7 [2]. Subst 2002 No 23, Sch 1.3. Rep 2006 No 97, Sch 1 [3]. Ins 2010 No 54, Sch 1 [1]. Rep 2013 No 40, Sch 6.4 [9]. |
Chapter 2, Part 7, Div 3 | Ins 2010 No 54, Sch 1 [1]. |
Sec 97 | Rep 2006 No 97, Sch 1 [3]. Ins 2010 No 54, Sch 1 [1]. |
Sec 98 | Rep 2006 No 97, Sch 1 [3]. Ins 2010 No 54, Sch 1 [1]. Am 2011 No 37, Sch 2.3 [1] [2]; 2022 No 14, Sch 8.14. |
Sec 99 | Am 2000 No 67, Sch 1 [21] [22]. Rep 2006 No 97, Sch 1 [3]. Ins 2010 No 54, Sch 1 [1]. |
Sec 100 | Rep 2006 No 97, Sch 1 [3]. Ins 2010 No 54, Sch 1 [1]. |
Chapter 2, Part 7, Div 4 | Ins 2010 No 54, Sch 1 [1]. |
Sec 100A | Ins 2010 No 54, Sch 1 [1]. |
Sec 100B | Ins 2010 No 54, Sch 1 [1]. Am 2013 No 40, Sch 6.4 [10]. |
Sec 100C | Ins 2010 No 54, Sch 1 [1]. Am 2013 No 40, Sch 6.4 [11]. |
Sec 100D | Ins 2010 No 54, Sch 1 [1]. |
Chapter 2, Part 7, Div 5 | Ins 2010 No 54, Sch 1 [1]. |
Secs 100E–100G | Ins 2010 No 54, Sch 1 [1]. |
Sec 100H | Ins 2010 No 54, Sch 1 [1]. Rep 2013 No 40, Sch 6.4 [12]. |
Sec 101 | Am 1997 No 26, Sch 1.2. |
Sec 105 | Am 2011 No 13, Sch 1 [1]; 2011 No 73, Sch 4 [1]; 2016 No 48, Sch 1 [4]; 2023 No 41, Sch 1.2[4], Sch 1.3[2]. |
Sec 106
Am 2002 No 32, Sch 1 [1]; 2005 No 104, Sch 1 [1]; 2016 No 48, Sch 1 [3]; 2023 No 41, Sch 1.2[3].
Sec 107
Am 2016 No 48, Sch 1 [3]; 2023 No 41, Sch 1.2[3].
Sec 108A
Ins 2002 No 32, Sch 1 [2].
Sec 108B
Ins 2002 No 32, Sch 1 [2]. Am 2005 No 104, Sch 1 [2] [3]; 2016 No 48, Sch 1 [3]; 2023 No 41, Sch 1.2[3].
Sec 109
Subst 2016 No 48, Sch 1 [5]; 2023 No 41, Sch 1.2[5].
Sec 109A
Ins 1998 No 106, Sch 1 [1].
Sec 111
Am 2016 No 48, Sch 1 [3]; 2023 No 41, Sch 1.2[3].
Sec 112
Am 2016 No 48, Sch 1 [3]; 2023 No 41, Sch 1.2[3].
Sec 113
Am 2016 No 48, Sch 1 [3]; 2023 No 41, Sch 1.2[3].
Sec 114
Am 2006 No 97, Sch 1 [2].
Sec 115
Am 2016 No 48, Sch 1 [3]; 2023 No 41, Sch 1.2[3].
Sec 116
Am 2016 No 48, Sch 1 [3]; 2023 No 41, Sch 1.2[3].
Sec 124
Am 2000 No 67, Sch 1 [23].
Sec 126
Am 2001 No 80, Sch 3.3 [3].
Sec 127
Am 2001 No 128, Sch 2 [2]; 2006 No 97, Sch 1 [4].
Secs 127A–127G
Ins 2001 No 128, Sch 2 [3]. Rep 2006 No 1, Sch 1 [1].
Sec 129
Am 1998 No 54, Sch 2.20 [2]; 2000 No 67, Sch 1 [24].
Chapter 2, Part 11, Divs 1–4 (secs 129A–129J)
Ins 2006 No 1, Sch 1 [2].
Chapter 2, Part 11, Div 1
Ins 2006 No 1, Sch 1 [2].
Sec 129A
Ins 2006 No 1, Sch 1 [2]. Am 2006 No 97, Sch 1 [5].
Chapter 2, Part 11, Div 2
Ins 2006 No 1, Sch 1 [2].
Sec 129B
Ins 2006 No 1, Sch 1 [2]. Am 2006 No 97, Sch 1 [6].
Sec 129C
Ins 2006 No 1, Sch 1 [2]. Am 2006 No 97, Sch 1 [7].
Chapter 2, Part 11, Divs 3, 4 (secs 129D–129J)
Ins 2006 No 1, Sch 1 [2].
Chapter 2A
Ins 2023 No 41, Sch 1.1[1].
Sec 129K
Ins 2023 No 41, Sch 1.1[1].
Sec 129L
Ins 2023 No 41, Sch 1.1[1].
Sec 129M
Ins 2023 No 41, Sch 1.1[1]. Am 2025 No 42, Sch 1[3].
Sec 129N
Ins 2023 No 41, Sch 1.1[1].
Sec 129O
Ins 2023 No 41, Sch 1.1[1].
Sec 129P
Ins 2023 No 41, Sch 1.1[1]. Am 2025 No 42, Sch 1[4].
Sec 129Q
Ins 2023 No 41, Sch 1.1[1].
Sec 134
Am 2023 No 41, Sch 1.1[2]; 2025 No 42, Sch 1[5] [6].
Sec 135
Am 2016 No 48, Sch 1 [6]; 2023 No 41, Sch 1.2[6] [7].
Sec 136
Am 2025 No 42, Sch 1[7].
Sec 136A
Ins 2025 No 42, Sch 1[8].
Sec 139
Am 2016 No 48, Sch 1 [7] [8]; 2023 No 41, Sch 1.2[8] [9].
Chapter 3A
Ins 2025 No 42, Sch 1[9].
Chapter 3A, Part 1
Ins 2025 No 42, Sch 1[9].
Sec 144A
Ins 2025 No 42, Sch 1[9].
Sec 144B
Ins 2025 No 42, Sch 1[9].
Sec 144C
Ins 2025 No 42, Sch 1[9].
Sec 144D
Ins 2025 No 42, Sch 1[9].
Sec 144E
Ins 2025 No 42, Sch 1[9].
Sec 144F
Ins 2025 No 42, Sch 1[9].
Sec 144G
Ins 2025 No 42, Sch 1[9].
Sec 144H
Ins 2025 No 42, Sch 1[9].
Sec 144I
Ins 2025 No 42, Sch 1[9].
Sec 144J
Ins 2025 No 42, Sch 1[9].
Chapter 3A, Part 2
Ins 2025 No 42, Sch 1[9].
Chapter 3A, Part 2, Div 1
Ins 2025 No 42, Sch 1[9].
Sec 144K
Ins 2025 No 42, Sch 1[9].
Sec 144L
Ins 2025 No 42, Sch 1[9].
Sec 144M
Ins 2025 No 42, Sch 1[9].
Chapter 3A, Part 2, Div 2
Ins 2025 No 42, Sch 1[9].
Sec 144N
Ins 2025 No 42, Sch 1[9].
Sec 144O
Ins 2025 No 42, Sch 1[9].
Chapter 3A, Part 2, Div 3
Ins 2025 No 42, Sch 1[9].
Sec 144P
Ins 2025 No 42, Sch 1[9].
Sec 144Q
Ins 2025 No 42, Sch 1[9].
Sec 144R
Ins 2025 No 42, Sch 1[9].
Sec 144S
Ins 2025 No 42, Sch 1[9].
Chapter 3A, Part 2, Div 3
Ins 2025 No 42, Sch 1[9].
Sec 144T
Ins 2025 No 42, Sch 1[9].
Sec 144U
Ins 2025 No 42, Sch 1[9].
Sec 144V
Ins 2025 No 42, Sch 1[9].
Sec 144W
Ins 2025 No 42, Sch 1[9].
Sec 146
Am 2016 No 48, Sch 1 [9]; 2023 No 41, Sch 1.2[10], Sch 1.3[3].
Sec 146A
Ins 2006 No 1, Sch 1 [3]. Am 2009 No 115, Sch 2 [2].
Sec 146B
Ins 2006 No 97, Sch 1 [8]. Am 2009 No 115, Sch 2 [3]–[6]; 2010 No 35, Sch 1 [9] [10].
Sec 146C
Ins 2011 No 13, Sch 1 [2]. Am 2013 No 40, Sch 6.4 [13]; 2016 No 48, Sch 1 [10]. Rep 2023 No 41, Sch 1.3[4].
Sec 146D
Ins 2011 No 73, Sch 4 [2]. Am 2016 No 48, Sch 1 [11]; 2024 No 60, Sch 3.1[1] [2].
Sec 146E
Ins 2025 No 42, Sch 1[10].
Sec 147
Subst 2016 No 48, Sch 1 [12]; 2023 No 41, Sch 1.2[11].
Sec 148
Am 2016 No 48, Sch 1 [13]; 2023 No 41, Sch 1.2[12].
Sec 149
Am 2002 No 7, Sch 5; 2006 No 120, Sch 3.13 [1]. Rep 2016 No 48, Sch 1 [14]. Ins 2023 No 41, Sch 1.2[13].
Sec 150
Am 2016 No 48, Sch 1 [15]. Subst 2023 No 41, Sch 1.2[14].
Chapter 4, Part 3
Rep 2016 No 48, Sch 1 [16]. Ins 2023 No 41, Sch 1.2[15].
Sec 151
Am 2013 No 85, Sch 1 [1]. Rep 2016 No 48, Sch 1 [16]. Ins 2023 No 41, Sch 1.2[15].
Sec 151A
Ins 2005 No 104, Sch 1 [4]. Rep 2016 No 48, Sch 1 [16]. Ins 2023 No 41, Sch 1.2[15].
Sec 151B
Ins 2013 No 85, Sch 1 [2]. Rep 2016 No 48, Sch 1 [16].
Sec 152
Rep 2016 No 48, Sch 1 [16]. Ins 2023 No 41, Sch 1.2[15].
Sec 153
Am 1996 No 39, Sch 4.4; 2003 No 71, Sch 4 [1] [2]; 2010 No 54, Sch 1 [2]; 2013 No 85, Sch 1 [3]–[6]. Rep 2016 No 48, Sch 1 [16]. Ins 2023 No 41, Sch 1.2[15]. Am 2025 No 42, Sch 1[11] [12].
Sec 154
Rep 2016 No 48, Sch 1 [16]. Ins 2023 No 41, Sch 1.2[15].
Sec 155
Am 2013 No 85, Sch 1 [7] [8]; 2016 No 48, Sch 1 [17] [18].
Sec 156
Am 2006 No 1, Sch 1 [4]; 2013 No 85, Sch 1 [9]–[12]; 2016 No 48, Sch 1 [19]–[21]. Subst 2023 No 41, Sch 1.2[16].
Sec 157
Am 2016 No 48, Sch 1 [22]–[24]. Subst 2023 No 41, Sch 1.2[16].
Sec 158
Am 2016 No 48, Sch 1 [25]; 2023 No 41, Sch 1.2[17]–[19].
Sec 159
Am 2006 No 1, Sch 1 [5]; 2013 No 85, Sch 1 [13]; 2016 No 48, Sch 1 [26] [27]; 2023 No 41, Sch 1.2[20] [21].
Sec 160
Subst 2016 No 48, Sch 1 [28]; 2023 No 41, Sch 1.2[22].
Sec 161
Am 2016 No 48, Sch 1 [29]; 2017 No 63, Sch 1.11 [1]; 2023 No 41, Sch 1.2[23].
Sec 162
Am 2016 No 48, Sch 1 [30]; 2023 No 41, Sch 1.2[24].
Sec 162A
Ins 2000 No 31, Sch 6. Am 2007 No 94, Sch 2; 2016 No 48, Sch 1 [31]; 2023 No 41, Sch 1.2[25].
Sec 162B
Ins 2010 No 63, Sch 1.10. Am 2016 No 48, Sch 1 [32]; 2023 No 41, Sch 1.2[26].
Sec 163
Am 2016 No 48, Sch 1 [33]; 2023 No 41, Sch 1.2[27].
Sec 164
Am 2003 No 71, Sch 4 [3]; 2013 No 85, Sch 1 [14]; 2016 No 48, Sch 1 [34]; 2023 No 41, Sch 1.2[28].
Sec 164A
Ins 2003 No 71, Sch 4 [4]. Am 2005 No 108, Sch 2.4; 2012 No 51, Sch 4.6; 2016 No 48, Sch 1 [35] [36]; 2023 No 41, Sch 1.2[29]–[31].
Sec 166
Am 2002 No 120, Sch 1 [2]; 2006 No 120, Sch 3.13 [1] [3]; 2010 No 54, Sch 1 [3] [4]; 2013 No 40, Sch 6.4 [14] [15].
Sec 167
Am 2006 No 120, Sch 3.13 [1].
Sec 168
Am 2001 No 121, Sch 2.126 [1]; 2013 No 85, Sch 1 [15]. Rep 2016 No 48, Sch 1 [37]. Ins 2023 No 41, Sch 1.2[32].
Sec 169
Am 1997 No 77, Sch 2.3; 2013 No 95, Sch 2.83; 2016 No 48, Sch 1 [38]; 2023 No 41, Sch 1.2[33].
Sec 172
Am 2016 No 48, Sch 1 [39]; 2023 No 41, Sch 1.2[34].
Sec 176
Am 2013 No 85, Sch 1 [16]; 2016 No 48, Sch 1 [40]–[42]; 2023 No 41, Sch 1.2[35] [36].
Sec 178
Am 2016 No 48, Sch 1 [43]; 2023 No 41, Sch 1.2[37].
Sec 178A
Ins 2016 No 48, Sch 1 [44]. Rep 2023 No 41, Sch 1.2[38].
Sec 178B
Ins 2016 No 48, Sch 1 [44]. Rep 2023 No 41, Sch 1.2[38].
Sec 179
Subst 2005 No 104, Sch 1 [5]. Am 2013 No 85, Sch 1 [17] [18]; 2016 No 48, Sch 1 [45]; 2023 No 41, Sch 1.2[39].
Sec 180
Am 2016 No 48, Sch 1 [46]; 2023 No 41, Sch 1.2[40].
Sec 181
Am 2002 No 120, Sch 1 [3]; 2006 No 120, Sch 3.13 [4]; 2010 No 54, Sch 1 [5]; 2015 No 7, Sch 2.22; 2016 No 48, Sch 1 [47] [48]; 2023 No 41, Sch 1.2[41] [42].
Sec 181A
Ins 2002 No 120, Sch 1 [4].
Sec 182
Am 2016 No 48, Sch 1 [49]; 2023 No 41, Sch 1.2[43].
Sec 183
Subst 2025 No 8, Sch 1.5[1].
Sec 185
Am 2005 No 28, Sch 5.22 [1]; 2010 No 54, Sch 1 [6] [7]; 2011 No 67, Sch 4.14 [2]; 2016 No 48, Sch 1 [50].
Sec 185A
Ins 2009 No 77, Sch 2.11. Am 2010 No 54, Sch 1 [8]; 2016 No 48, Sch 1 [51] [52]; 2023 No 41, Sch 1.2[44].
Secs 185B, 185C
Ins 2009 No 77, Sch 2.11.
Sec 186
Am 2016 No 48, Sch 1 [53]–[55]; 2023 No 41, Sch 1.2[45]–[47].
Sec 187
Am 2013 No 85, Sch 1 [19]; 2016 No 48, Sch 1 [56].
Sec 189
Am 2016 No 48, Sch 1 [57]; 2023 No 41, Sch 1.2[48].
Sec 190
Am 2016 No 48, Sch 1 [58]; 2023 No 41, Sch 1.2[49].
Sec 190A
Ins 1998 No 172, Sch 3. Am 2013 No 85, Sch 1 [20]; 2016 No 48, Sch 1 [59]; 2023 No 41, Sch 1.2[50] [51].
Sec 193
Am 2013 No 85, Sch 1 [21]; 2016 No 48, Sch 1 [60] [61]; 2023 No 41, Sch 1.2[52].
Sec 195
Am 2016 No 48, Sch 1 [62]; 2023 No 41, Sch 1.2[53].
Sec 196
Rep 2013 No 85, Sch 1 [22]. Ins 2023 No 41, Sch 1.2[54].
Sec 197
Am 1998 No 137, Sch 2.11; 2000 No 67, Sch 1 [25] [26]; 2001 No 121, Sch 2.126 [2]; 2007 No 94, Schs 1.51 [1], 2; 2011 No 67, Sch 4.14 [3]; 2013 No 85, Sch 1 [23] [24]; 2015 No 15, Sch 2.25 [1]; 2016 No 48, Sch 1 [63] [64]; 2023 No 41, Sch 1.2[55]–[57]; 2025 No 8, Sch 1.5[2]–[4].
Sec 197A
Ins 1996 No 120, Sch 2.4. Am 2000 No 40, Sch 2.6 [2]; 2002 No 129, Sch 2.9 [1]; 2004 No 74, Sch 4.6; 2007 No 94, Sch 2. Rep 2011 No 67, Sch 4.14 [4].
Sec 197B
Ins 2010 No 54, Sch 1 [9]. Am 2013 No 85, Sch 1 [25] [26]; 2016 No 48, Sch 1 [65]; 2023 No 41, Sch 1.2[58] [59].
Sec 198
Am 2016 No 48, Sch 1 [66]; 2023 No 41, Sch 1.2[60].
Sec 199
Am 2016 No 48, Sch 1 [67] [68]; 2023 No 41, Sch 1.2[61] [62].
Sec 200
Am 2016 No 48, Sch 1 [69]; 2023 No 41, Sch 1.2[63].
Sec 202
Am 1997 No 55, Sch 1.10 [1]; 2009 No 115, Sch 2 [7]; 2016 No 48, Sch 1 [70]; 2023 No 41, Sch 1.2[64].
Sec 204
Am 2013 No 85, Sch 1 [27]; 2016 No 48, Sch 1 [71]; 2023 No 41, Sch 1.2[65] [66].
Sec 206
Am 2010 No 54, Sch 1 [10]; 2016 No 48, Sch 1 [72]; 2023 No 41, Sch 1.2[67].
Chapter 4, Part 9A (secs 206A–206C)
Ins 2006 No 97, Sch 1 [9].
Sec 207
Am 2015 No 58, Sch 3.48 [3].
Chapter 4, Part 11 (secs 208A–208C)
Ins 2006 No 97, Sch 1 [10].
Sec 209A
Ins 2025 No 42, Sch 1[13].
Sec 209
Am 2025 No 42, Sch 1[14].
Sec 210
Am 1997 No 156, Sch 4.7; 2000 No 40, Sch 2.6 [3]; 2000 No 67, Sch 1 [27]; 2002 No 96, Sch 7.3; 2002 No 122, Sch 2.3; 2003 No 40, Sch 2.17 [1] [2]; 2003 No 65, Sch 6; 2008 No 95, Sch 2.3; 2008 No 97, Sch 4.4; 2011 No 67, Sch 4.14 [5]; 2012 No 82, Sch 2.7; 2012 No 95, Sch 2.18 [1]; 2015 No 58, Sch 3.48 [4]. Subst 2025 No 42, Sch 1[15].
Sec 213
Am 2025 No 42, Sch 1[16].
Sec 213A
Ins 2025 No 42, Sch 1[17].
Sec 215
Am 2005 No 64, Sch 2.26.
Chapter 5, Part 3, notes
Am 2013 No 85, Sch 1 [28]; 2023 No 41, Sch 1.2[69].
Sec 217
Am 1997 No 55, Sch 1.10 [1]; 2001 No 34, Sch 4.24 [1]; 2009 No 7, Sch 3.8; 2010 No 35, Sch 1 [11].
Sec 218
Am 2012 No 68, Sch 1 [1]–[3]; 2012 No 95, Sch 2.18 [2].
Sec 220
Am 2016 No 48, Sch 1 [73]; 2023 No 41, Sch 1.2[68].
Sec 225
Am 2016 No 48, Sch 1 [73]; 2023 No 41, Sch 1.2[68].
Sec 226
Am 2016 No 48, Sch 1 [73]; 2023 No 41, Sch 1.2[68].
Sec 227
Am 2016 No 48, Sch 1 [73]; 2023 No 41, Sch 1.2[68].
Sec 228
Am 2016 No 48, Sch 1 [73]; 2023 No 41, Sch 1.2[68].
Sec 229
Am 2016 No 48, Sch 1 [73]; 2023 No 41, Sch 1.2[68].
Sec 230
Am 2016 No 48, Sch 1 [73]; 2023 No 41, Sch 1.2[68].
Sec 231
Am 2016 No 48, Sch 1 [73]; 2023 No 41, Sch 1.2[68].
Sec 231A
Ins 2016 No 48, Sch 1 [74]. Rep 2023 No 41, Sch 1.2[70].
Sec 233
Am 2016 No 48, Sch 1 [73] [75]; 2023 No 41, Sch 1.2[71].
Sec 235
Am 2016 No 48, Sch 1 [73]; Am 2023 No 41, Sch 1.2[68].
Sec 239
Am 1997 No 55, Sch 1.10 [1]; 2010 No 35, Sch 1 [11].
Sec 240
Am 2016 No 48, Sch 1 [73]; Am 2023 No 41, Sch 1.2[68].
Sec 244A
Ins 2012 No 68, Sch 1 [4].
Sec 245
Am 2012 No 68, Sch 1 [5] [6]; 2016 No 48, Sch 1 [73]; Am 2023 No 41, Sch 1.2[68].
Sec 247
Am 2016 No 48, Sch 1 [73]; Am 2023 No 41, Sch 1.2[68].
Sec 248
Am 2016 No 48, Sch 1 [73]; Am 2023 No 41, Sch 1.2[68].
Sec 249
Am 1997 No 55, Sch 1.10 [1]; 2010 No 35, Sch 1 [12].
Sec 257
Am 2012 No 27, Sch 1 [1].
Sec 266
Am 2016 No 48, Sch 1 [73]; 2023 No 41, Sch 1.2[68].
Sec 270
Am 2016 No 48, Sch 1 [73]; 2023 No 41, Sch 1.2[68].
Sec 270A
Ins 2012 No 27, Sch 1 [2]. Am 2015 No 58, Sch 3.48 [5]
Sec 272
Am 1999 No 94, Sch 4.118.
Sec 273
Am 2016 No 48, Sch 1 [73]; 2023 No 41, Sch 1.2[68].
Sec 274
Am 2016 No 48, Sch 1 [73]; 2023 No 41, Sch 1.2[68].
Sec 275
Am 2016 No 48, Sch 1 [73]; 2023 No 41, Sch 1.2[68].
Sec 276
Am 2016 No 48, Sch 1 [73]; 2023 No 41, Sch 1.2[68].
Sec 277
Am 2016 No 48, Sch 1 [73]; 2023 No 41, Sch 1.2[68].
Sec 281
Am 1997 No 55, Sch 1.10 [1]; 2010 No 35, Sch 1 [11].
Sec 282
Am 1997 No 55, Sch 1.10 [1]; 2010 No 35, Sch 1 [13].
Sec 283
Am 1997 No 55, Sch 1.10 [1]; 2010 No 35, Sch 1 [14].
Sec 284
Am 1996 No 109, Sch 2 [1].
Sec 286
Am 2016 No 48, Sch 1 [73]; 2023 No 41, Sch 1.2[68].
Sec 287
Am 2016 No 48, Sch 1 [73]; 2023 No 41, Sch 1.2[68].
Sec 288
Am 2016 No 48, Sch 1 [73]; 2023 No 41, Sch 1.2[68].
Sec 289
Am 2016 No 48, Sch 1 [73]; 2023 No 41, Sch 1.2[68].
Sec 290
Am 1997 No 55, Sch 1.10 [1]; 2010 No 35, Sch 1 [11].
Sec 290A
Ins 1996 No 109, Sch 2 [2]. Am 2016 No 48, Sch 1 [73]; 2023 No 41, Sch 1.2[68].
Chapter 5, Part 4, Div 11
Ins 2012 No 27, Sch 1 [3].
Sec 290B
Ins 2012 No 27, Sch 1 [3]. Am 2016 No 48, Sch 1 [73]; 2023 No 41, Sch 1.2[68].
Secs 290C–290G
Ins 2012 No 27, Sch 1 [3].
Sec 293
Am 2016 No 48, Sch 1 [73]; 2023 No 41, Sch 1.2[68].
Sec 294
Am 2012 No 68, Sch 1 [7].
Sec 298
Am 2000 No 67, Sch 1 [28]; 2000 No 93, Sch 2.24.
Sec 305A
Ins 2025 No 20, Sch 1[1].
Sec 307
Am 2003 No 63, Sch 1 [1]–[3]; 2016 No 34, Sch 7.2 [1]–[3].
Sec 309
Am 2025 No 20, Sch 1[3]–[5].
Sec 310
Am 2025 No 20, Sch 1[6] [7].
Sec 310A
Ins 2001 No 113, Sch 1 [3]. Am 2003 No 63, Sch 1 [4]; 2018 No 68, Sch 2.16.
Sec 313
Am 2025 No 20, Sch 1[9].
Sec 314
Am 2006 No 97, Sch 1 [2]; 2025 No 20, Sch 1[10].
Sec 317
Am 2025 No 20, Sch 1[11].
Sec 318
Am 2006 No 97, Sch 1 [2]; 2016 No 48, Sch 1 [76]; 2023 No 41, Sch 1.2[72].
Sec 321A
Ins 2025 No 20, Sch 1[12].
Sec 322
Am 1996 No 109, Sch 1 [1].
Sec 322A
Ins 2025 No 20, Sch 1[13].
Sec 325
Am 1996 No 109, Sch 1 [2].
Sec 325A
Ins 1996 No 109, Sch 1 [3].
Sec 330
Am 1996 No 109, Sch 1 [4]; 2025 No 20, Sch 1[14].
Sec 331
Am 2006 No 97, Sch 1 [2].
Sec 331A
Ins 2025 No 20, Sch 1[15].
Sec 332
Am 2025 No 20, Sch 1[16]–[18].
Sec 334
Am 2016 No 48, Sch 1 [77]; 2023 No 41, Sch 1.2[73] [74].
Sec 338
Am 2016 No 48, Sch 1 [78]; 2023 No 41, Sch 1.2[75] [76].
Sec 347
Am 2016 No 48, Sch 1 [79] [80]; 2023 No 41, Sch 1.2[77] [78].
Sec 348
Am 1997 No 55, Sch 1.10 [2]; 2000 No 67, Sch 1 [29]; 2016 No 48, Sch 1 [81] [82]; 2023 No 41, Sch 1.2[79] [80].
Sec 351
Am 2016 No 48, Sch 1 [83]; 2023 No 41, Sch 1.2[81].
Sec 352
Am 2016 No 48, Sch 1 [84]; 2023 No 41, Sch 1.2[82].
Sec 353
Am 2016 No 48, Sch 1 [85]; 2023 No 41, Sch 1.2[83].
Sec 354
Am 2006 No 120, Sch 3.13 [1] [3].
Chapter 6, Part 8
Ins 2025 No 20, Sch 1[19].
Sec 355A
Ins 2016 No 48, Sch 1 [86]. Rep 2023 No 41, Sch 1.2[84]. Ins 2025 No 20, Sch 1[19].
Sec 355B
Ins 2016 No 48, Sch 1 [86]. Rep 2023 No 41, Sch 1.2[84]. Ins 2025 No 20, Sch 1[19].
Sec 355C
Ins 2016 No 48, Sch 1 [86]. Rep 2023 No 41, Sch 1.2[84]. Ins 2025 No 20, Sch 1[19].
Chapter 6A
Ins 2016 No 48, Sch 1 [86]. Rep 2023 No 41, Sch 1.2[84].
Sec 355D
Ins 2016 No 48, Sch 1 [86]. Rep 2023 No 41, Sch 1.2[84].
355E
Ins 2016 No 48, Sch 1 [86]. Rep 2023 No 41, Sch 1.2[84].
Sec 356
Am 2007 No 94, Sch 2; 2016 No 48, Sch 1 [87]; 2023 No 41, Sch 1.2[85].
Sec 357
Am 1998 No 120, Sch 1.23; 2023 No 7, Sch 3.14. Subst 2025 No 42, Sch 1[18].
Sec 359
Am 2016 No 48, Sch 1 [88]; 2023 No 41, Sch 1.2[86]–[88]. Rep 2025 No 42, Sch 1[19].
Sec 360
Am 2025 No 42, Sch 1[20].
Sec 362
Am 2025 No 42, Sch 1[21].
Sec 363
Am 2025 No 42, Sch 1[22] [23].
Sec 364
Am 2007 No 94, Sch 2; 2016 No 48, Sch 1 [89] [90]; 2023 No 41, Sch 1.2[89] [90].
Sec 369
Am 2015 No 58, Sch 3.48 [6].
Sec 371
Am 2016 No 48, Sch 1 [91]; 2023 No 41, Sch 1.2[91].
Sec 372
Am 2005 No 28, Sch 5.22 [2].
Sec 375
Subst 2000 No 67, Sch 1 [30]. Am 2007 No 94, Sch 2.
Sec 379
Am 1999 No 31, Sch 3.11; 2001 No 34, Sch 4.24 [2]; 2006 No 120, Sch 3.13 [1]; 2015 No 50, Sch 4.13; 2025 No 42, Sch 1[24].
Sec 380
Am 2000 No 67, Sch 1 [31]; 2016 No 48, Sch 1 [92]; 2023 No 41, Sch 1.2[92].
Sec 381
Am 1999 No 69, Sch 2.3 [1]; 2007 No 94, Sch 7.
Sec 382
Am 1996 No 121, Sch 4.30 [1]–[3]; 2001 No 80, Sch 3.3 [4]; 2001 No 94, Sch 7 [1]; 2001 No 128, Sch 2 [4]; 2006 No 96, sec 23; 2007 No 94, Schs 2, 5; 2008 No 49, Sch 3.2 [1]; 2010 No 122, Sch 3.2; 2011 No 67, Sch 4.14 [6]; 2013 No 73, Sch 3.2; 2015 No 15, Sch 2.25 [2]; 2024 No 39, Sch 4.1.
Sec 383
Am 2001 No 121, Sch 2.126 [3]; 2005 No 28, Sch 5.22 [3]; 2007 No 94, Sch 1.51 [2]; 2018 No 29, Sch 1.15 [1] [2].
Sec 383A
Ins 2001 No 94, Sch 7 [2]. Am 2005 No 28, Sch 5.22 [4]; 2007 No 94, Schs 1.51 [3], 2; 2011 No 67, Sch 4.14 [7].
Sec 384
Am 2015 No 58, Sch 3.48 [7] [8]
Sec 385
Am 2012 No 27, Sch 1 [4]; 2017 No 25, Sch 1.20 [1].
Sec 385A
Ins 2012 No 27, Sch 1 [5]. Am 2017 No 25, Sch 1.20 [2].
Sec 385B
Ins 2012 No 27, Sch 1 [5].
Sec 386
Am 2001 No 128, Sch 2 [5].
Sec 388
Am 2002 No 103, Sch 4.48 [1]–[3]; 2012 No 27, Sch 1 [6].
Sec 389
Am 2015 No 58, Sch 3.48 [9].
Sec 390
Am 2006 No 97, Sch 1 [11] [12].
Chapter 7, Part 6, heading
Subst 2025 No 42, Sch 1[25].
Chapter 7, Part 6, Div 1, heading
Ins 2025 No 42, Sch 1[26].
Sec 396
Am 2000 No 40, Sch 2.6 [4]; 2011 No 67, Sch 4.14 [8]. Subst 2017 No 22, Sch 3.39.
Sec 397
Am 2001 No 121, Sch 2.126 [4]; 2007 No 94, Sch 2. Subst 2016 No 48, Sch 1 [93]; 2023 No 41, Sch 1.2[93].
Sec 398
Am 2008 No 107, Sch 13 [1] [2]; 2012 No 27, Sch 1 [7] [8].
Sec 399
Am 2016 No 48, Sch 1 [94]; 2023 No 41, Sch 1.2[94].
Sec 399A
Ins 2025 No 42, Sch 1[27].
Chapter 7, Part 6, Div 2
Ins 2025 No 42, Sch 1[28].
Chapter 7, Part 6, Div 2, Subdiv 1
Ins 2025 No 42, Sch 1[28].
Sec 400A
Ins 2025 No 42, Sch 1[28].
Sec 400B
Ins 2025 No 42, Sch 1[28].
Sec 400C
Ins 2025 No 42, Sch 1[28].
Chapter 7, Part 6, Div 2, Subdiv 2
Ins 2025 No 42, Sch 1[28].
Sec 400D
Ins 2025 No 42, Sch 1[28].
Sec 400E
Ins 2025 No 42, Sch 1[28]. Am 2025 No 42, Sch 1[29] [30].
Sec 400F
Ins 2025 No 42, Sch 1[28].
Sec 400G
Ins 2025 No 42, Sch 1[28].
Sec 400H
Ins 2025 No 42, Sch 1[28].
Sec 400I
Ins 2025 No 42, Sch 1[28].
Sec 400J
Ins 2025 No 42, Sch 1[28]. Am 2025 No 42, Sch 1[31].
Sec 400K
Ins 2025 No 42, Sch 1[28].
Chapter 7, Part 6, Div 2, Subdiv 3
Ins 2025 No 42, Sch 1[28].
Sec 400L
Ins 2025 No 42, Sch 1[28].
Sec 400M
Ins 2025 No 42, Sch 1[28].
Sec 400N
Ins 2025 No 42, Sch 1[28].
Sec 400O
Ins 2025 No 42, Sch 1[28].
Sec 400P
Ins 2025 No 42, Sch 1[28].
Chapter 7, Part 6, Div 3, heading
Ins 2025 No 42, Sch 1[28].
Sec 400
Am 2011 No 2, Sch 1.16; 2025 No 42, Sch 1[32] [33].
Sec 402
Am 2001 No 121, Sch 2.126 [5]; 2016 No 48, Sch 1 [95]; 2023 No 41, Sch 1.2[95] [96]; 2025 No 42, Sch 1[34].
Sec 403
Rep 2025 No 42, Sch 1[35].
Chapter 7A (secs 403A–403E)
Ins 2013 No 85, Sch 1 [29]. Rep 2016 No 48, Sch 1 [96].
Sec 405
Am 2010 No 54, Sch 1 [11]; 2011 No 62, Sch 3.15; 2020 No 30, Sch 2.21; 2025 No 42, Sch 1[36] [37].
Sec 406A
Ins 2002 No 120, Sch 1 [5]. Am 2006 No 120, Sch 3.13 [5].
Sec 410
Rep 1999 No 85, Sch 4.
Sec 412
Ins 2020 No 5, Sch 1.16. Am 2021 No 5, Sch 1.16[1] [2]. Rep 1996 No 17, sec 412(5).
Sec 413
Ins 2020 No 5, Sch 1.16. Am 2021 No 5, Sch 1.16[3]. Rep 1996 No 17, sec 413(2).
Sch 1
Am 1999 No 19, Sch 2.16 [1]; 2000 No 74, Sch 1 [1] [2]; 2001 No 128, Sch 2 [6]–[8]; 2011 No 41, Sch 5.12 [3] [4]; 2020 No 30, Sch 4.31[1]–[3]; 2025 No 20, Sch 1[20].
Sch 2
Am 1998 No 49, Sch 13 [1] [2]; 2000 No 67, Sch 1 [32]; 2013 No 85, Sch 1 [30]; 2014 No 14, Sch 3.1; 2015 No 2, Sch 3.5 [1] [2]; 2015 No 15, Sch 2.25 [3]; 2015 No 58, Sch 3.48 [9]; 2016 No 48, Sch 1 [97]–[113]; 2023 No 41, Sch 1.2[97]–[110].
Sch 3
Am 2006 No 97, Sch 1 [2]; 2016 No 48, Sch 1 [114]; 2023 No 41, Sch 1.2[111].
Sch 4
Am 1996 No 109, Sch 1 [5]; 1998 No 54, Sch 2.20 [3]; 1998 No 106, Sch 1 [2] [3]; 1998 No 164, Sch 1 [4] [5]; 1999 No 69, Sch 2.3 [2] [3]; 2000 No 67, Sch 1 [33]–[36]; 2001 No 21, Sch 1 [2]; 2001 No 27, Sch 1 [2]–[4]; 2001 No 94, Sch 7 [3] [4]; 2002 No 32, Sch 1 [3]; 2002 No 86, Sch 2.2; 2002 No 120, Sch 1 [6]–[9]; 2002 No 129, Sch 2.9 [2]; 2003 No 48, Sch 1 [2] [3]; 2003 No 63, Sch 1 [5] [6]; 2003 No 71, Sch 4 [5] [6]; 2005 No 104, Sch 1 [6]–[8]; 2006 No 1, Sch 1 [6] [7]; 2006 No 97, Sch 1 [13] [14]; 2007 No 15, Sch 1; 2008 No 23, Sch 3.27 [9] [10]; 2008 No 49, Sch 3.2 [2] [3]; 2009 No 115, Sch 2 [8]; 2010 No 54, Sch 1 [12] [13]; 2010 No 109, Sch 1 [11] [12]; 2011 No 13, Sch 1 [3]; 2011 No 68, Sch 1 [10]–[12]; 2012 No 27, Sch 1 [9] [10]; 2012 No 68, Sch 1 [8]; 2013 No 85, Sch 1 [31] [32]; 2014 No 37, Sch 5.1; 2016 No 48, Sch 1 [115]–[117]; 2023 No 41, Sch 1.2[112] [113]; 2025 No 8, Sch 1.5[5]; 2025 No 20, Sch 1[21]; 2025 No 42, Sch 1[38] [39].
Sch 5
Am 1996 No 121, Sch 4.30 [4] [5]. Rep 1999 No 85, Sch 4. Ins 2012 No 68, Sch 1 [9].
Sch 6
Ins 2024 No 56, Sch 1. Am 2024 (431), Sch 1[1]–[11]; 2024 No 82, Sch 2.8.
Dictionary
Am 1997 No 55, Sch 1.10 [1]; 1997 No 115, Sch 4.7; 1999 No 19, Sch 2.16 [2]; 2001 No 56, Sch 2.24; 2002 No 73, Sch 1.12; 2002 No 120, Sch 1 [10]; 2004 No 114, Sch 2.10 [1] [2]; 2005 No 11, Sch 3.17; 2005 No 64, Sch 2.26; 2006 No 2, Sch 5.6; 2006 No 94, Sch 3.17; 2006 No 97, Sch 1 [15]; 2006 No 120, Sch 3.13 [5] [6]; 2008 No 23, Sch 3.27 [11]; 2010 No 19, Sch 3.49 [3]; 2010 No 35, Sch 1 [15]; 2010 No 109, Sch 1 [13]; 2011 No 62, Sch 3.15; 2011 No 68, Sch 1 [13]; 2013 No 19, Sch 3; 2013 No 40, Sch 6.4 [16] [17]; 2016 No 34, Sch 7.2 [4]; 2016 No 48, Sch 1 [118]; 2017 No 63, Sch 1.11 [2]; 2023 No 41, Sch 1.1[3], Sch 1.2[114]; 2025 No 20, Sch 1[22]; 2025 No 42, Sch 1[40] [41].
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0
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