Industrial Relations Act (S.A.) 1972 (SA)
Reprint No. 1—15.8.91
Reprint No. 2—1.7.92
Reprint No. 3—1.1.93
Reprint No. 4—1.2.93 | [New Parts I, II, III, IV, VI, VII, VIII, X, Schedules and Appendix] |
Reprint No. 5—1.3.93 | [New Parts I, X and Appendix] |
Reprint No. 6—1.12.93 | [New Parts I, II, III, X and Appendix] |
Reprint No. 7—1.7.94 [Subscribers to the Consolidation Service will receive complete replacement Parts incorporating amendments to this Act as they come into force.] | [New Part I and Appendix] |
(Reprint No. 7)
SOUTH AUSTRALIA
PART I
PRELIMINARY
1. Short title
3. Objects of Act
6. Interpretation
7. Outworkers
PART II
THE COURT
DIVISION I—CONSTITUTION OF THE COURT
8. Continuation of the Court
9. President and Deputy President
10. Absence from the office of President
11. Remuneration of the President and Deputy Presidents of the Court
12. Tenure of office
13. Industrial magistrates
14. Constitution of the Court
DIVISION II—JURISDICTION AND POWERS OF THE COURT
15. Jurisdiction of the Court
16. Representation
17. Powers of the Court
19. Enforcement of orders for payment
PART III
THE COMMISSION
DIVISION I—CONSTITUTION OF THE COMMISSION
20. Continuation of the Commission
22. Presidential members
23. Commissioners
23a. | Concurrent appointments |
24. | Composition of the Commission |
24a. | Disclosure of interest by Commission members |
DIVISION II—JURISDICTION AND POWERS OF THE COMMISSION
25. Jurisdiction of the Commission
25a. | Awards of general application |
25b. | Advisory jurisdiction of the Commission |
26. | Mediation |
27. | Compulsory conference |
28. | General powers of the Commission |
29. | Further powers of the Commission |
29a. | Power to grant preference to members of registered associations |
30. | Applications to the Commission |
31. | Unfair dismissal |
32. | Form, operation and continuance of award |
33. | Exercise of powers by the Commission |
34. | Representation of parties |
DIVISION III—ALTERATION OF AWARDS
36. Alteration of awards
DIVISION IV—RESOLUTION OF CONTRACT DISPUTES
37. Preliminary
38. Conciliation conferences
39. Review of unfair contracts
PART IV
PROCEEDINGS BEFORE THE COURT OR COMMISSION, ETC.
DIVISION I—PROCEEDINGS
40. President may make arrangements
40a. | Co-operation between industrial authorities |
40b. | Reference of industrial matters to Commonwealth Commission |
40c. | Commission may exercise powers vested by certain other Acts |
41. | Proceedings may be in public or private |
42. | Power to issue orders to take evidence |
43. | Special mode of service may be directed |
44. | Intervention |
45. | Decisions and adjournments |
46. | Summons and evidence, etc. |
47. | Protection of the Commission, etc. |
DIVISION II—OFFICERS
48. Industrial Registrar
48a. | Ability of Commonwealth Registrars to act under this Act |
49. | Inspectors |
50. | Powers of Inspectors, etc. |
50a. | Powers relating to unpaid wages, etc. |
51. | Protection for Registrar, etc. |
52. | Inspector divulging contents of record |
PART VI
GENERAL CONDITIONS OF EMPLOYMENT
79. Declaration as to terms of contract
80. Sick leave
81. Granting of and payment for annual leave
81a. | Family leave and part-time work |
82. | Provisions relating to automation |
83. | Application of certain awards |
84. | Experience of apprentice, etc., how calculated |
86. | Consolidation of awards |
87. | Effect on legal proceedings of amendment of award |
88. | Aged, slow, inexperienced or infirm workers |
89. | Non-application of certain awards |
90. | Declared organizations |
91a. | Rescission of obsolete awards |
PART VII
APPEALS AND REFERENCES
DIVISION I—THE COURT
92. The Full Court
93. Appeal to the Full Court
94. Appeal from Industrial Magistrate
DIVISION II—THE COMMISSION
95. Decision to be final
96. Right of appeal
97. Entitlement to appeal
98. Notice of hearing, etc.
99. Stay of operation of award
100. Review on application by Minister
101. Reference of matters to the Full Commission
102. Reference of questions of law to the Court
DIVISION III—THE REGISTRAR
103. Interpretation
104. Leave to appeal from decision of the Registrar
105. Appeals
105a. | Cases stated |
PART VIII
INDUSTRIAL AGREEMENTS
DIVISION I—GENERAL INDUSTRIAL AGREEMENTS
106. Parties
107. Information to be provided by association
108. Term and form of agreement
108a. | Approval of Commission |
108b. | Conscientious objection |
109. | Adding of parties to agreements |
110. | Effect of industrial agreement |
111. | Rescinding or varying agreement |
112. | Continuance of agreement |
DIVISION II—CERTIFIED INDUSTRIAL AGREEMENTS
113. Interpretation
113a. | Parties |
113b. | Term and form of agreement |
113c. | Minister may intervene in certain cases |
113d. | Approval of Commission |
113e. | Procedures for preventing and settling disputes |
113f. | Operation of agreements |
113g. | Effect of industrial agreement |
113h. | The Commission may vary or terminate an agreement |
113i. | Termination of agreement by parties |
113j. | Continuance of agreement unless rescinded |
113k. | Conscientious objection |
113 | Consultation |
PART IX
ASSOCIATIONS
DIVISION I—APPLICATIONS AND OBJECTIONS
114. Application for registration
115. Objections
DIVISION II—REGISTRATION AND INCORPORATION OF LOCALLY BASED ASSOCIATIONS
116. Eligibility for registration
117. Registration of associations
118. Rules
119. Orders to secure compliance with rules, etc.
120. Amalgamation
121. Financial records
122. De-registration of associations
DIVISION III—REGISTRATION OF FEDERALLY BASED ASSOCIATIONS
123. Eligibility for registration
124. Registration
125. De-registration
DIVISION IV—PROVISIONS GENERALLY APPLICABLE TO REGISTERED ASSOCIATIONS
126. Exercise of powers of the Commission
127. Federation
128. Register of members and officers of associations
129. Rules
130. Certificate of registration
131. Service
132. Saving of obligations
PART X
MISCELLANEOUS
DIVISION I—GENERAL
143. Purposes of association solely in restraint of trade not unlawful
143a. | Limitations of actions in tort |
144. | Conscientious objection |
145. | Notice of awards and decisions of the Commission |
145a. | Annual report |
145b. | Industry consultative councils |
DIVISION IA—INDUSTRIAL AUTHORITIES TO PAY DUE REGARD TO
CERTAIN GENERAL PRINCIPLES, ETC.
146a. | Interpretation |
146b. | Due regard to be had to certain principles |
DIVISION III—OFFENCES
153. Manner in which employee is to be paid
154. Remedies and penalties for breach of award or agreement
155. Appropriation of penalties
156. Discrimination against employee for taking part in industrial proceedings
157. Employee not to be discriminated against on certain other grounds
157a. | Right of injured employee to compensation |
158. | Employee not to cease work for certain reasons |
159. | Employers to keep certain records |
160. | Penalty for false entries |
161. | Exhibition, etc., of relevant awards |
162. | No premium to be demanded for apprentices or juniors |
163. | Certain guarantees illegal |
164. | Contempt by witness |
165. | Penalty for wilful false statement |
166. | Punishment for contempt |
167. | Recovery of penalties and other sums |
168. | Recovery of penalty, etc., imposed on association |
169. | In default of association, penalty may be recovered from members |
170. | Defence available to employers |
171. | Person convicted may be ordered to make payments |
172. | Onus of proof in certain cases |
173. | Proof of awards, etc. |
174. | Summary procedure |
174a. | Conduct by officers, directors, employees or agents |
DIVISION IV—RULES
175. Rules and procedure
DIVISION V—REGULATIONS
176. Regulations
SCHEDULES
being
Industrial Conciliation and Arbitration Act, 1972, No. 125 of 1972 [Assented to 30 November 1972]
1
as amended by
Statutes Amendment (Judges’ Salaries) Act, 1974, No. 8 of 1974 [Assented to 21 March 1974]
Statute Law Revision Act, 1974, No. 42 of 1974 [Assented to 11 April 1974]
Industrial Conciliation and Arbitration Act Amendment Act (No. 3), 1974, No. 107 of 1974 [Assented to 5 December 1974]
Statutes Amendment (Judges’ Salaries) Act, 1975, No. 18 of 1975 [Assented to 27 March 1975]
Industrial Conciliation and Arbitration Act Amendment Act, 1975, No. 64 of 1975 [Assented to 4 September 1975]
Industrial Conciliation and Arbitration Act Amendment Act (No. 5), 1975, No. 85 of 1975 [Assented to 13 November 1975]
Industrial Conciliation and Arbitration Act Amendment Act, 1978, No. 73 of 1978 [Assented to 16 November 1978]
Industrial Conciliation and Arbitration Act Amendment Act, 1981, No. 60 of 1981 [Assented to 31 August 1981] | Industrial Conciliation and Arbitration Act Amendment Act, 1979, No. 10 of 1979 [Assented to 8 March 1979] | |
Industrial Conciliation and Arbitration Act Amendment Act (No. 2), 1981, No. 85 of 1981 [Assented to 3 December 1981] | ||
Judicial Remuneration Act, 1982, No. 92 of 1982 [Assented to 14 October 1982] | ||
Industrial Conciliation and Arbitration Act Amendment Act, 1983, No. 33 of 1983 [Assented to 16 June 1983] Industrial Conciliation and Arbitration Act Amendment Act (No. 2), 1983, No. 95 of 1983 [Assented to 15 December 1983] | ||
Statutes Amendment (Magistrates) Act, 1983, No. 108 of 1983 [Assented to 22 December 1983] | ||
Industrial Conciliation and Arbitration Act Amendment Act, 1984, No. 19 of 1984 [Assented to 3 May 1984] | ||
Industrial Conciliation and Arbitration Act Amendment Act (No. 2), 1984, No. 37 of 1984 [Assented to 24 May 1984] | ||
Industrial Conciliation and Arbitration Act Amendment Act, 1985, No. 52 of 1985 [Assented to 30 May 1985] | ||
Statutes Amendment (Remuneration) Act, 1985, No. 59 of 1985 [Assented to 30 May 1985] | ||
Statutes Amendment (Courts) Act, 1985, No. 70 of 1985 [Assented to 6 June 1985] | ||
Industrial Conciliation and Arbitration Act Amendment Act, 1986, No. 10 of 1986 [Assented to 13 March 1986] Occupational Health, Safety and Welfare Act, 1986, No. 125 of 1986 [Assented to 24 December 1986] | ||
| ||
Industrial Conciliation and Arbitration Act Amendment Act, 1989, No. 34 of 1989 [Assented to 4 May 1989] Industrial Conciliation and Arbitration Act Amendment Act (No. 2), 1989, No. 45 of 1989 [Assented to 31 August 1989] | ||
| ||
Industrial Relations (Declared Organizations) Amendment Act 1992 No. 15 of 1992 [Assented to 23 April 1992] | ||
Statutes Amendment (Expiation of Offences) Act 1992 No. 71 of 1992 [Assented to 19 November 1992] | ||
Industrial Relations (Miscellaneous Provisions) Amendment Act 1992 No. 93 of 1992 [Assented to 17 December 1992] | ||
State Bank (Corporatisation) Act 1994 No. 17 of 1994 [Assented to 12 May 1994] |
1 Came into operation 4 January 1973:
Gaz . 4 January 1973, p. 51.2 Came into operation 2 January 1979: s. 2.
3 Came into operation 31 August 1981:
Gaz . 31 August 1981, p. 801.4 Came into operation 4 February 1982:
Gaz . 4 February 1982, p. 309.5 Came into operation 28 October 1982:
Gaz . 28 October 1982, p. 1214.6 Came into operation 2 April 1984:
Gaz . 22 March 1984, p. 725.7 Came into operation 14 May 1984:
Gaz . 10 May 1984, p. 1090.8 Came into operation 17 June 1985:
Gaz . 13 June 1985, p. 2132.9 Came into operation 13 June 1985:
Gaz . 13 June 1985, p. 2132.10 Came into operation 1 August 1985:
Gaz . 11 July 1985, p. 92.11 Came into operation (except ss. 3-6, 19-71 and Scheds. 1, 2 and 3) 16 April 1987:
Gaz . 2 April 1987, p. 806; remainder of Act came into operation 30 November 1987:Gaz . 8 October 1987, p. 1068.12 Came into operation 1 November 1987:
Gaz . 24 September 1987, p. 941.13 Came into operation 1 June 1989:
Gaz . 25 May 1989, p. 1395.
14 Came into operation 1 March 1989: s. 2.
15 Came into operation (except ss. 5(a), 5(j), 5(m), 41, 47, 55(1)-(8)) 1 July 1991:
Gaz . 27 June 1991, p. 2059; ss. 5(a), 5(j), 5(m), 41, 55(1)-(8) came into operation 1 January 1993:Gaz . 3 December 1992, p. 1688; s. 47 came into operation 1 February 1993:Gaz . 23 December 1992, p. 2260.16 Came into operation 1 July 1992:
Gaz . 25 June 1992, p. 1870.
17
Came into operation 1 March 1993:
Gaz . 18 February 1993, p. 600.18 Came into operation (except ss. 3(b), 6(b), 11(c), 12 and 35) 1 February 1993:
Gaz . 23 December 1992, p. 2260; remainder of Act came into operation 1 December 1993:Gaz . 4 November 1993, p. 2168.19 Came into operation 1 July 1994:
Gaz . 23 June 1994, p. 1784.
The Parliament of South Australia enacts as follows:
PART I
PRELIMINARY
* * * * * * * * * *
3. The chief objects of this Act are—
to promote goodwill in industry; | |
to encourage and provide means for conciliation with a view to preventing or settling industrial disputes by amicable agreement; | |
to provide means for preventing and settling industrial disputes not resolved by amicable agreement—including threatened, impending and probable industrial disputes—with the maximum of expedition and the minimum of legal formality and technicality; | |
to provide for the observance and enforcement of agreements and awards made for the prevention or settlement of industrial disputes; | |
to encourage the organization of representative associations of employers and employees and their registration under this Act; | |
to encourage the democratic control of associations so registered and the full participation by members in the affairs of the associations; | |
to encourage and facilitate the amalgamation of associations; | |
and | |
to encourage and facilitate the development of associations, particularly by reducing the number of associations that are in an industry or enterprise. |
* * * * * * * * * *
* * * * * * * * * *
6. (1) In this Act, unless the contrary intention appears—"adult" means a person of or over the age of 21 years:
"allowances" means allowances, concessions or customary payments in kind that have an
assessable monetary value, but does not include—
uniforms; | |
privilege tickets or passes; | |
allowances or concessions granted to employees while in camp; | |
any other allowances, concessions or customary payments in kind declared by regulation not to be allowances for the purposes of this definition: |
"apprentice" means an apprentice as defined in the
Industrial and Commercial Training Act,
1981 :"association" means—
an association, society or body formed to represent, protect or further the interests of employers or employees; | |
or | |
an organization, or a branch of an organization, registered under the Commonwealth Act: |
"award" means an award or order of the Commission and includes a variation of such an
award:
* * * * * * * * * *
"the Commission" means the Industrial Commission of South Australia:
"Commissioner" means a Commissioner appointed or continued in office under section 23:
* * * * * * * * * *
"the Commonwealth Act" means the
Industrial Relations Act 1988 of the Commonwealth,and includes any Act passed in substitution for that Act:
"the Commonwealth Commission" means the Australian Industrial Relations Commission, and includes any industrial authority of the Commonwealth created in substitution for that Commission:
"council" means a council as defined in the
Local Government Act, 1934 :"the Court" means the Industrial Court of South Australia:
"decision" where used in reference to an appeal or right of appeal includes an omission,
failure or refusal to make a decision:
"demarcation dispute" includes—
a dispute within a registered association or between registered associations as to the rights, status or functions of members of the association or associations in relation to the employment of those members; | |
a dispute between employers and employees, or between members of different registered associations, as to the demarcation of functions of employees or classes of employees; | |
or | |
a dispute about the representation under this Act of the industrial interests of employees by a registered association of employees: |
"Deputy President" means—
in relation to the Court, a Deputy President of the Court; | |
and | |
in relation to the Commission, a Deputy President of the Commission: |
"employee" means—
any person employed for remuneration in any industry; | |
any person engaged to drive a motor vehicle, used for the purpose of transporting members of the public, which is not registered in the person’s name, whether or not the relationship of master and servant exists between that person and the person by whom that person has been so engaged; | |
any person (not being the owner or occupier of premises) who is, pursuant to a contract or agreement, engaged to perform personally the work of cleaning those premises, whether or not the relationship of master and servant exists between that person and the person by whom that person has been so engaged; | |
subject to any condition, limitation or exclusion that may be prescribed by regulation—any person who performs work for remuneration as an outworker; | |
or | |
any person who is usually employed for remuneration in an industry or who is usually engaged in an occupation or calling specified in paragraph |
but does not include—
any person employed by his or her spouse or parent; | |
any person employed in a casual or part-time capacity where that employment is wholly or mainly carried on in or about a private residence and is not for the purposes of the employer’s trade or business; | |
or | |
any person, or member of a class, excluded by regulation from the ambit of this definition: |
"employer" includes any person or body, whether corporate or unincorporate, that employs
(as principal or agent) one or more employees in an industry and—
in relation to public employees— | ||||
|
* * * * * * * * * *
in relation to a person referred to in paragraph | |
in relation to a person referred to in paragraph | |
and | |
in relation to a person referred to in paragraph |
"the Full Commission" means the Commission constituted in accordance with section 24(2):
"the Full Court" means the Court constituted of not less than two Judges:
* * * * * * * * * *
"industrial agreement" means—
an industrial agreement approved under Division I of Part VIII; | |
an industrial agreement certified under Division II of Part VIII; | |
an industrial agreement that is continued in operation under Part VIII; | |
or | |
an industrial agreement that was in force immediately before the commencement of this Act and to or in relation to which this Act continues to apply: |
"industrial authority" means—
a commission, court, board, tribunal, or body having authority under the law of the Commonwealth or any State of the Commonwealth to exercise powers of conciliation or arbitration in relation to industrial matters; | |
or | |
a body declared by regulation to be an industrial authority for the purposes of this definition: |
"industrial dispute" means any dispute as to an industrial matter and includes a threatened,
impending or probable dispute as to an industrial matter:
"industrial matter" means any matter, situation or thing or any industrial dispute affecting or relating to work done or to be done or the privileges, rights or duties of employers or employees or persons intending to become employers or employees in any industry and, without limiting the generality of the foregoing, includes any matter, situation or thing affecting or relating to—
the wages, allowances or remuneration of any persons employed or to be employed in any industry, or the piece-work, contract or other prices paid or to be paid in respect of that employment, including any loading or amount that may be included in such wages, allowances, remuneration or prices as compensation for lost time and the wages, allowances or remuneration to be paid for work done during overtime or on holidays, or for other special work, and also the question whether piece-work will be allowed in any industry; | |
the hours of employment in any industry, including the lengths of time to be worked, and the quantum of work or service to be done, to entitle employees to any given wages, allowances, remuneration or prices, and what times are to be regarded as overtime; | |
the age, qualification or status of employees, and the manner, terms and conditions of employment; | |
the relationship of employer and apprentice; | |
the employment of juniors and apprentices in an industry (including the number or proportion that may be employed); | |
the employment of any person, or of any class of persons, in addition to those referred to above, in an industry; | |
the refusal or neglect, without reasonable cause or excuse, of any person bound by an award, order or industrial agreement as to employment in any industry, to offer or accept employment, or to continue to be employed upon the terms of the award, order or agreement; | |
any established or allegedly established custom or usage of any industry, either generally or in any particular locality; |
(i) the monetary value of allowances granted to or enjoyed by employees;
the dismissal of an employee by an employer; | |
any matter that is prescribed for the purposes of this definition; | |
a demarcation dispute; | |
all questions of what is fair and right in relation to any industrial matter having regard to the interests of the persons immediately concerned and of society as a whole: |
"industry" includes—
any business, trade, manufacture, undertaking or calling of employers; | |
any calling, service, employment, handicraft, industrial occupation or vocation of employees; | |
any activity of government or local government in which employees are employed; | |
a branch of an industry or a group of industries: |
"Inspector"—See section 49:
"junior" means an employee who has not attained the age of 21 years and who is not an
apprentice:
"legal practitioner" means a legal practitioner as defined in the
Legal Practitioners Act,
1981 :* * * * * * * * * *
* * * * * * * * * *
"metropolitan area" means the area comprised of—
Metropolitan Adelaide as defined in the Development Plan compiled under the | |
the City of Adelaide; | |
and | |
that part of the municipality of Gawler that is not within the area referred to in paragraph |
"order" means an order or direction of the Court or Commission and includes a variation of
any such order or direction:
"organization" means an organization registered under the Commonwealth Act:
"outworker"
see section 7 :"peak council" means—
the United Trades and Labor Council; | |
or | |
a prescribed body that represents employer associations: |
"the Permanent Head" means the officer for the time being designated by the Minister by notice published in the
Gazette (which notice the Minister is hereby authorized from time to time to give) as Permanent Head for the purposes of this Act:"prescribed employer" means—
an employer of public employees declared by the regulations to be a prescribed employer; | |
any council; | |
or | |
in relation to public employees (except public employees employed by an employer declared to be a prescribed employer under paragraph |
"the President" means—
in relation to the Court, the President of the Court; | |
and | |
in relation to the Commission, the President of the Commission: |
"Presidential Member" in relation to the Commission, means the President or a Deputy
President:
"prime bank rate", for a particular financial year, means the published indicator rate for prime corporate lending of the Commonwealth Bank of Australia at the commencement of the financial year:
"public employee" means—
any person employed under, or subject to, the | |
and | |
any other person employed for salary or wages in the service of the State: |
"public holiday" means a public holiday within the meaning of the
* * * * * * * * * *
* * * * * * * * * *
* * * * * * * * * *
"registered agent" means a person registered under the regulations as a registered agent for
the purposes of this Act:
"registered association" means—
an association registered under Division II of Part IX; | |
or | |
an organization registered under Division III of Part IX or an organization of which a branch is registered under Division III of Part IX: |
"the Registrar" means the Industrial Registrar appointed or continued in office under section
48 and includes a Deputy Industrial Registrar so appointed or continued in office:
"Rules" means rules made by the President under Division IV of Part X or under any other
provision of this Act under which the President is authorized to make rules:
"single business" means—
a business that is carried on by a single employer; | ||||
a business that is carried on by two or more employers as a joint venture or common enterprise; | ||||
a single project or undertaking; | ||||
or | ||||
activities carried on by— | ||||
|
or
|
"State" includes a Territory of the Commonwealth:
* * * * * * * * * *
* * * * * * * * * *
(1aa) For the purposes of this Act, the performance of work includes the provision of
services. (1a) For the purposes of this Act—
an industrial dispute will be taken to have arisen in every case in which the Commission in its discretion so decides; | |
and | |
an industrial dispute does not cease by reason of the cessation, in consequence of the dispute, of the relationship of employer and employee between the parties or any of them. |
* * * * * * * * * *
(2) The exercise by the Court, the Commission or any other person of jurisdiction over an industrial matter does not depend upon the existence of a dispute or the making of a prior claim or demand in relation to the industrial matter and in relation to any matter affecting a member of the police force that jurisdiction is not affected, limited or restricted by the existence of any General Order under the
(3) An award or order made against the Commissioner for Public Employment in pursuance of this Act, or an industrial agreement made by the Commissioner for Public Employment in pursuance of this Act, is binding on, and enforceable against, any body corporate or other person who would, at common law, be regarded as the employer of the employees to whom the award, order or agreement relates.
7. (1) Subject to this section, a person is an outworker if—
the person is, for the purposes of a trade or business of another, engaged or employed to work on, process or pack articles or materials; | ||
and | ||
the person performs that work— | ||
|
or
|
(2) Where—
a body corporate is, for the purposes of a trade or business of another person, engaged to work on, process or pack articles or materials; | ||
one person (being an officer or employee of the body corporate) personally performs all or a substantial part of the work undertaken by the body corporate; | ||
and | ||
that person performs that work— | ||
|
or
|
the person referred to in paragraph
for the other person referred to in paragraph
(3) Where a person (not being the person for whom the work is performed)—
negotiates for, or arranges, the performance of any work by an outworker (or a body corporate to which subsection (2) applies); | |
or | |
is otherwise involved in any part of the process of distributing work to, or collecting work from, an outworker (or a body corporate to which subsection (2) applies), |
the person will also be taken to be an outworker who is performing work for the person for whom the negotiations or arrangements are carried out or made, or for whom the work is distributed or collected.
(4) Part VI of this Act, and any award or industrial agreement made before the commencement of this section, will only apply to outworkers who are engaged (but not employed under a contract of employment) to perform work in an industry to such extent as may be determined by award or industrial agreement made after the commencement of this section.
PART II
THE COURT
DIVISION I—CONSTITUTION OF THE COURT
8. (1) The Industrial Court of South Australia continues in existence.(2) The Court continues as a court of record and the seal of the Court will be judicially
noticed.
9. (1) There shall be—
a President of the Court (appointed by the Governor); | |
and | |
such number of Deputy Presidents of the Court as the Governor thinks fit to appoint. |
(2) A person is not eligible for appointment as the President of the Court unless that person is eligible for appointment as a Judge of the Supreme Court and a person is not eligible for appointment as a Deputy President of the Court unless that person is a legal practitioner of at least seven years standing.
(2a) A Deputy President of the Court may be appointed on an acting basis and, in that event, the appointment will be for a term (not exceeding six months) specified in the instrument of appointment.
(2b) A District Court Judge cannot be appointed as a Deputy President on an acting basis except on the recommendation of the Chief Justice of the Supreme Court made with the concurrence of the Senior District Court Judge.
(3) A person appointed as the President or as a Deputy President of the Court must before assuming office make and subscribe an oath in the prescribed form before the Chief Justice of the Supreme Court.
(4) The President of the Court has the same rank, status and precedence as a Judge of the
Supreme Court and is entitled to be styled "The Honourable Mr. Justice .........." or "The
Honourable Justice ..........".
(1a) The President of the Court cannot appoint a Deputy President to act in the office of President for a period exceeding two weeks.
(1b) A Deputy President of the Court, while acting in the office of the President, is entitled to receive an allowance determined by the Governor.
(2) A Deputy President of the Court while acting in the office of the President has and may exercise all the powers and functions conferred on the President by or under this Act or any other Act.
* * * * * * * * * *
11. (1) Subject to this section, the remuneration of—
the President of the Court; | |
or | |
a Deputy President of the Court, |
will be at rates determined from time to time by the Remuneration Tribunal in relation to the
respective offices.
(2) A rate of salary determined under this section cannot be reduced by subsequent
determination.
(3) The remuneration payable under this section will be paid out of the General Revenue of the State which is appropriated to the necessary extent.
(4) In this section—
"remuneration" means salary and allowances.
(1a) A Deputy President of the Court who has been appointed on an acting basis ceases to hold office on the expiration of the term of appointment.
(2) The President or a Deputy President of the Court may, after ceasing to hold office, complete the hearing and determination of any part-heard proceedings and, for the purpose of completing any such hearing and determination, will be taken to continue in office.
(3) The President or a Deputy President of the Court may, by written notice addressed to the Governor, retire before attaining the age of 70 years.
(4) Neither the President nor any Deputy President of the Court can be removed from office except in the manner in which and on the grounds on which a Judge of the Supreme Court is by law liable to be removed from office.
* * * * * * * * * *
14. (1) The President and the Deputy Presidents of the Court are Judges of the Court.(2) Subject to this Act, the Court is constituted of—
two or more Judges; | |
a Judge; | |
or | |
an Industrial Magistrate, |
as directed by the President of the Court.
(3) A Judge of the Court may exercise the jurisdiction, powers or functions of an industrial
magistrate.
DIVISION II—JURISDICTION AND POWERS OF THE COURT
to interpret any award or industrial agreement; | ||||||||
to hear and determine any question of law or case stated that is referred to it by the Commission; | ||||||||
to hear and determine jurisdictional or other questions as to the validity of awards or decisions of the Commission; | ||||||||
and | ||||||||
to hear and determine— | ||||||||
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* * * * * * * * * *
(2) In subsection (1)
(3) The following provisions govern a claim under subsection (1)
the claim must be made within six years after the sum claimed became payable unless the claim relates to non-payment of superannuation contributions, in which case there is no limitation on the time for making the claim; | ||||||
the claim— | ||||||
| ||||||
the Court may not proceed to hear and determine the claim if it appears that proceedings based on the claim have been commenced in another court and those proceedings have not been withdrawn or struck out; | ||||||
the Court is governed in its procedures and its adjudication of the claim by equity, good conscience and the substantial merits of the case without regard to technicalities and legal forms, and the Court is not bound by the rules of evidence but may inform itself in any manner it thinks fit; | ||||||
the Court may enter judgment in default of appearance by either party; | ||||||
where the claim is for compensation for non-payment of contributions that should have been (but were not) made to a superannuation fund the Court may (subject to any relevant law of the Commonwealth) direct that the amount awarded be paid to the claimant or to a superannuation fund on the claimant’s behalf; | ||||||
if the Court is satisfied— | ||||||
|
(A) | that, prior to the commencement of the proceedings, an Inspector had advised the defendant that the claim was, in the Inspector’s opinion, justified; |
or | |
(B) | that the defendant has no reasonable ground on which to dispute the claim; |
and
(ii) that, in the circumstances, the defendant should have satisfied the claim without putting the claimant to the trouble of taking proceedings to establish the validity of the claim,
* * * * * * * * * *
the Court may add to the amount awarded by the Court a penalty of an amount determined by the Court (but the penalty cannot exceed the amount awarded on the claim);
where the Court orders the payment of a monetary sum, it may authorize or direct the payment of that sum by instalments; | |
a legal practitioner or registered agent may represent a party to the proceedings for fee or reward; |
(i) the Court must not award costs except as follows:
|
(4) If, in any proceedings in which a monetary claim is made against an employer, the Court is of the opinion that the employer is, or was at the relevant time, the agent, or under the effective control, of some other person, the Court may order that that other person be joined as a party to the proceedings and, in that event, orders may be made against the employer, that other person, or both.
* * * * * * * * * *
(5) Unless good reason is shown to the contrary, the Court will, on the application of a person who has been, or is to be, awarded a monetary sum on a claim under subsection (1)
(6) The interest—
will be calculated at a rate fixed by the Court; | |
will be calculated from the date on which the liability to pay any amount of the claim fell due to the date of judgment; | |
and | |
is, in accordance with the Court’s determination, payable in respect of the whole or a specified part of the amount for which the judgment is given. |
(7) The Court may, without proceeding to calculate interest under subsection (5), award a lump sum instead of interest.
(8) These provisions do not—
authorize the award of interest on interest; | |
apply in relation to any amount upon which interest is payable as of right (whether by virtue of an agreement or otherwise); | |
authorize the award of interest (except by consent) on a sum for which judgment is given by consent. |
to take steps, at or before the hearing, to ascertain whether all persons and associations who should, in its opinion, be bound by its orders have been summoned to attend or are parties to, or represented in, the proceedings; | |
to direct that persons or associations not summoned to attend or given notice of the proceedings be so summoned or given notice, if the Court is of the opinion, (from the suggestion of parties or otherwise) that those persons or associations should be so summoned or given notice of the proceedings; |
* * * * * * * * * *
to allow the amendment of any submission, reference, notice of appeal, report or application or any subsequent proceeding; | |
to admit as evidence matter that is not, in law, so admissible, where in equity and good conscience it considers that the matter should be so admitted; | |
to dismiss a matter or to refrain from further hearing or from determining a matter if it appears that the matter is trivial or that in the public interest further proceedings by the Court are not necessary or desirable; | |
to proceed to hear and determine a matter in the absence of any party or other person who has been summoned or served with notice to appear; | |
to sit in any place for the hearing and determination of a matter; |
(i) to adjourn its sittings to any time and place or to a time and place to be fixed;
to rescind or vary its orders, decisions, directions or any reference or act made or done by it, and to re-open any question; | |
to direct parties to be joined or struck out; | |
to correct an error, irregularity or defect in any proceedings (notwithstanding that the error, irregularity or defect may be such as to render the proceedings void); | |
to extend any prescribed time, not being a time within which to lodge or file an appeal; | |
to waive compliance with any Rule of the Court; | |
and | |
generally to give all such directions and do all such things as it thinks necessary or expedient in the proceedings. |
(1a) Where the Court corrects an error, irregularity or defect in the proceedings in pursuance of subsection (1)
(1b) Subject to this Act, the Court has a discretion to hear and determine any matter within its jurisdiction as it thinks fit and to make such order in relation to the matter as it thinks fit.
(2) The Court, any member of the Court or any person authorized by the Court may at any time during working hours—
enter any place or premises or any ship or vessel of any kind, in which or in respect of which any industry is carried on or any work is being or has been done or commenced, or any matter or thing is taking or has taken place in relation to which any industrial matter exists, or any award has been made or is being sought; | |
inspect and view any work, material, machinery, appliances, article, matter or thing, in the place, premises, ship or vessel; | |
and | |
question any person or persons who may be in or on the place, premises, ship or vessel in relation to any matter or thing referred to in paragraph |
(3) A person must not—
hinder or obstruct the Court, a member of the Court or a person authorized by the Court in the exercise of any power conferred by or under this section; | |
refuse to the Court, a member of the Court or a person authorized by the Court entrance to any place, premises, ship or vessel to which entry is authorized under subsection (2); | |
or | |
refuse or fail to answer truthfully any question put pursuant to subsection (2). |
Penalty: Division 8 fine.
(4) In any matter before the Court it may, on the application of any party or on its own initiative, and at any stage, give such directions or make such orders as it considers just and proper in relation to the institution and conduct of proceedings and in particular, but without prejudice to the generality of the foregoing, may give directions or make orders as to—
the control, and prevention of abuse, of the process of the Court; | |
the consequences of failure to comply with any direction or order of the Court and in particular the staying and dismissal of proceedings or the striking out of documents or portions of documents filed in the Court; | |
and | |
any steps to be taken with a view to the more expeditious and efficient disposal of proceedings. |
(5) The Court may if it thinks fit, at any stage of the proceedings before it, state a case for the opinion of the Full Court on any question that is, in its opinion, a question of law, and the Full Court will hear and determine the question and remit the case with its opinion to the Court and may make such order as to costs as it thinks fit.
(6) Except as is provided in this Act, the Court may make such order as to the payment of costs of proceedings by one party to any other party to those proceedings as it thinks proper and the Court may assess the amount of those costs or may direct that the costs be taxed by the Registrar in accordance with the scale fixed by the Rules.
(7) The Court may exercise the powers conferred on it by this section on such terms as it
thinks fit.
* * * * * * * * * *
the name, place of residence and occupation or description of the judgment creditor; | |
the name, place of residence and occupation or description of the judgment debtor; | |
the date on which the order was made; | |
and | |
the amount ordered to be paid. |
(2) On production of a certificate referred to in subsection (1) to an officer of the relevant court, the officer must forthwith register the certificate by entering the particulars of the certificate in a record to be called the "Register of Industrial Court Orders".
(3) From the date of registration, the certificate is a record of the court in which it is registered and has the same force and effect as a judgment or order of that court, and proceedings may be taken on the certificate as if the order to which it relates were a judgment or order of that court.
(4) The costs of and incidental to registering a certificate and of any proceedings under a certificate will be added to the amount payable under the certificate and payment of those costs will be enforceable accordingly.
(5) The court in which the certificate is registered has, in respect of the execution of the judgment and the enforcement of the order, the same power over the order as if it were a judgment or order of the court.
(6) The power to make Rules of Court under the
(7) In this section—
"the relevant court" means—
if the amount ordered to be paid does not exceed $30 000, or such other amount as may be prescribed by regulation—the Magistrates Court; | |
in any other case—the District Court. |
* * * * * * * * * *
PART III
THE COMMISSION
DIVISION I—CONSTITUTION OF THE COMMISSION
20. (1) The Industrial Commission of South Australia continues in existence.(2) The seal of the Commission will be judicially noticed.
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22. (1) The President of the Court is the President of the Commission.(2) Each Deputy President of the Court is a Deputy President of the Commission.
(3) The Governor may make further appointments specifically to the office of Deputy President of the Commission.
(4) A Deputy President of the Commission may be appointed under subsection (3) on an acting basis and, in that event, the appointment will be for a term (not exceeding six months) specified in the instrument of appointment.
(5) A person is not eligible for appointment under subsection (3) unless that person—
is a legal practitioner of at least five years standing; | |
has had experience at a high level in industry, commerce, industrial relations or the service of a government or an authority of a government; | |
or | |
has, not less than five years previously, obtained a degree of a university, or an educational qualification of a similar standard, after studies in law, economics or industrial affairs or some other field of study considered by the Governor to have substantial relevance to the duties of a Deputy President of the Commission, |
and is, in the opinion of the Governor, by reason of his or her qualifications, experience and standing in the community, a fit and proper person to hold the office of Deputy President of the Commission.
(6) The remuneration and conditions of office of a Deputy President of the Commission appointed under subsection (3) are the same as for a Deputy President of the Court.
(7) A person who ceases to hold office as a Deputy President of the Commission may, with the approval of the President, continue to sit to hear and determine part-heard proceedings and, for the purposes of those proceedings, will be taken to continue in office.
23. (1) The Governor may appoint one or more Commissioners.
(2) A Commissioner may be appointed on an acting basis and, in that event, the appointment will be for a term (not exceeding six months) specified in the instrument of appointment.
(2a) Subject to this section, a Commissioner is, unless lawfully removed, entitled to hold office until the age of 65 years, and will cease to hold office on attaining that age.
(2b) A Commissioner who has been appointed on an acting basis ceases to hold office on the expiration of the term of appointment.
(3) A person who ceases to hold office as a Commissioner may, with the approval of the President, continue to sit to hear and determine part-heard proceedings and, for the purposes of those proceedings, will be taken to continue as a Commissioner.
(4) The Governor may—
appoint a Commissioner on a part-time basis; | |
or | |
vary terms of appointment so that a Commissioner previously holding office on a full-time basis continues in office on a part-time basis or a Commissioner previously holding office on a part-time basis continues in office on a full-time basis (but such a variation in the terms of a Commissioner’s appointment cannot be made without the Commissioner’s consent). |
(5) The Commissioners must be persons experienced in industrial affairs either through association with the interests of employees or through association with the interests of employers and the number of Commissioners of the former class must be equal to, or differ by no more than one from, the number of Commissioners of the latter class (part-time Commissioners being counted for the purposes of this subsection by reference to the proportion of full-time work undertaken).
(6) A Commissioner may retire at any time but, whenever the office of Commissioner becomes vacant, the Governor may, subject to subsection (5), appoint another person to the vacant office.
(7) A Commissioner—
will be paid such salary and allowances as are determined from time to time by the Remuneration Tribunal; | |
and | |
is subject to such provisions of Part III of the |
(8) Each Commissioner is an employee as defined in the
Superannuation Act, 1974 .(9) Each Commissioner must as soon as practicable after accepting office take the prescribed
oath before the President.
(10) Where a Commissioner is for any reason unable to perform official duties, the Governor may appoint a person to act in the office of Commissioner during the period of the inability and while that person is so acting this Act applies to and in relation to that person as if he or she were a Commissioner appointed under this Act.
(11) A Commissioner must not, without the consent of the Minister, engage in remunerative work outside the duties of his or her office.
(12) A Commissioner must not, while in office, be an officer of a registered association.
(13) The Governor may remove a Commissioner from office if—
both Houses of Parliament present a petition for removal of the Commissioner on the ground of misconduct or mental or physical incapacity to carry out official duties; | |
the Commissioner becomes bankrupt, applies to take the benefit of a law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit; | |
the Commissioner is absent from duty, except for the purposes of leave, for 14 consecutive days or for 28 days in any 12 months; | |
or | |
the Commissioner engages in remunerative work outside the duties of office in contravention of subsection (11) or holds an office in contravention of subsection (12). |
(2) If the Minister revokes an approval granted under subsection (1), the member must resign from office either as a member of the Commission or as a member of the other industrial authority.
(3) A member of an industrial authority constituted under the law of the Commonwealth or of some other State of the Commonwealth may be appointed as a member of the Commission so as to hold both offices concurrently and, where such an appointment is made, the provisions of this Act apply subject to the following qualifications:
the appointment will terminate if the member ceases for any reason to hold office as a member of the relevant industrial authority; | |
the member is not entitled to be remunerated as a member of the Commission but is entitled, in circumstances determined by the Governor, to allowances for expenses at rates fixed by the Governor. |
(4) A member who holds concurrent appointments may simultaneously exercise in relation to a particular matter powers deriving from both or all those appointments.
(5) Where a member holds concurrent appointments, the following provisions apply:
if the member was appointed first to the Commission and subsequently to the other industrial authority, the extent to which the member performs the duties of a member of that other industrial authority will be determined by agreement between the President and the head of that other industrial authority; | |
if the member was appointed first to the other industrial authority and subsequently to the Commission, the extent to which the member performs the duties of a member of the Commission will be determined by agreement between the President and the head of that other industrial authority. |
a Presidential Member; | |
or | |
a Commissioner. |
(2) Except as expressly provided by this Act, the Commission sitting as the Full Commission will, at the direction of the President, be constituted of at least three members consisting of one or more Presidential Members and one or more Commissioners.
(3) Where in the opinion of the President an appeal or reference to the Full Commission does not appear to involve substantial matters of law, the President will wherever practicable direct that the Full Commission be constituted of a Presidential Member and two Commissioners.
(3a) The Full Commission will not be constituted of more than three members if any party, before the commencement of a hearing, objects to the Full Commission being so constituted for the purposes of the hearing.
(4) Where the Commission is constituted of more than one member, a decision in which a majority of the members concur is a decision of the Commission.
the member must disclose the interest to the parties to the proceeding; | ||
and | ||
the member must not take part in the proceeding or exercise any powers in relation to the proceeding— | ||
|
or
| ||
DIVISION II—JURISDICTION AND POWERS OF THE COMMISSION |
any matter or thing arising from or relating to any industrial matter; | |
and | |
any question as to the rights of employees in a specified occupation or calling or in specified occupations or callings to do certain work or a certain kind of work to the exclusion of all other employees or to the exclusion of employees in all or some specified occupations or callings. |
(1a) The jurisdiction of the Commission includes the ability, by award, to regulate or prohibit the performance of work where the employee is required to work nude or partially nude, or in transparent clothing.
(2) In the exercise of its jurisdiction under this Act—
the Commission must make all such suggestions and do all such things as appear to it to be right and proper for effecting conciliation between parties, for preventing and settling disputes and for settling claims by amicable agreement between parties; | |
and | |
the Commission must have regard to the objects of this Act. |
(3) In performing its functions, the Commission must have due regard to the provisions of the
(4) In dealing with a demarcation dispute, the Commission must consider whether it should consult with appropriate peak councils representing employer or employee associations and may consult with any such council.
(5) The President may, on the application of a party to a demarcation dispute made before the commencement of any hearing of the dispute, direct that the Commission will, for the purposes of the hearing, be constituted as the Full Commission.
(6) Where the parties to an industrial dispute are bound by an award or industrial agreement that provides for procedures for preventing or settling industrial disputes between them, the Commission must, in considering whether or when it will exercise its powers in relation to the industrial dispute have regard to the extent to which the procedures (if applicable to the industrial dispute) have been complied with by the parties and the circumstances of any compliance or non-compliance with the procedures.
(7) After the settlement of an industrial dispute, the Commission may—
invite the parties to the dispute to take part in discussions with a view to improving the process of conciliation and arbitration; | |
and | |
where it appears practicable and appropriate, encourage the parties to agree on procedures for preventing and settling, by discussion and agreement, further disputes between the parties or any of them, with a view to the agreed procedures being included in an award or an industrial agreement. |
(2) An award made under this section is, subject to this section and any qualification or limitation stated in the award, binding upon all employers and employees.
(3) An award made under this section affects a condition of employment of an employee only to the extent to which that condition is inferior to a condition prescribed by the award.
(4) An award cannot be made under this section except upon the application of—
the Minister; | |
the United Trades and Labor Council; | |
the Chamber of Commerce and Industry, South Australia Incorporated; | |
the South Australian Employers’ Federation Incorporated; | |
or | |
any other registered association that applies by leave of the Full Commission. |
* * * * * * * * * *
act personally as mediator in the matter and call a voluntary conference of the parties involved. |
* * * * * * * * * *
(2) Any person who attends a voluntary conference called under subsection (1) is, on application to the Registrar, entitled to be paid out of the General Revenue of the State (which is appropriated to the necessary extent) such recompense as the person who is presiding over the conference certifies to be reasonable, having regard to the conduct of the person in relation to the matter of the conference both before and at the conference and to the expenses and loss of time incurred by the person.
call a compulsory conference of the parties involved; | |
or | |
in the case of the President—direct a Presidential Member or a Commissioner to call a compulsory conference of the parties involved. |
(1a) A Commissioner should, before calling a compulsory conference under subsection (1)
(1b) Where a compulsory conference is called by a Presidential Member or a Commissioner, the Presidential Member or the Commissioner, as the case may be, will preside at the conference.
(2) The person who is presiding, or is to preside, at a compulsory conference may summon any person to attend at the conference.
(3) Any person may be summoned under this section (notwithstanding that the person is not a party to or directly involved in the matter the subject of the conference) if the person presiding at the conference considers that the presence of that person is likely to assist in dealing with or settling the matter.
(4) A conference referred to in subsection (1) may be held in public or in private or partly in public and partly in private, at the discretion of the person presiding at the conference.
(5) Any person who, having been summoned under this section, attends a conference as directed by the person presiding at the conference will, on application to the Registrar, be entitled to be paid out of the General Revenue of the State (which is appropriated to the necessary extent) such recompense as the person presiding at the conference certifies to be reasonable, having regard to the conduct of the person in relation to the matter of the conference both before and at the conference and to the expenses and loss of time incurred by the person.
(6) A person summoned under this section must not, without reasonable excuse (proof of which lies on that person), refuse or fail—
to attend the conference in obedience to the summons; | |
or | |
to continue in attendance as directed by the person presiding at the conference. |
Penalty: Division 7 fine.
(7) It is a defence to proceedings for an offence against subsection (6) for the defendant to prove that the summons was not brought to his or her attention.
(8) A person will be taken to have been summoned under this section if—
the person is served with a copy of the summons in any manner provided for the service of documents under this Act; | |
the substance of the summons is contained in a message sent by telex, facsimile machine or other similar means of telecommunication to the person at his or her place of residence or business last known to the Commission; | |
or | |
a copy of the summons is sent by certified mail to the person at his or her place of residence or business last known to the Commission. |
(9) The person presiding at the conference, if of the opinion that it is desirable to do so, may, after giving reasonable notice to the persons attending at the conference, refer the matter of the conference to the Commission (which may, where the person presiding is a Presidential Member or a Commissioner, be constituted of himself or herself) and the Commission may hear and determine any industrial matter or thing arising out of the conference.
(9a) A matter may be referred to the Commission under subsection (9) orally and without
formality.
(10) Notwithstanding any other provision of this Act, an order, made by the Commission in the exercise of the power conferred on it by subsection (9) is binding only on those persons represented before the Commission or summoned to appear at the conference.
28. (1) The Commission has power—
to take steps at or before the hearing to ascertain whether all persons and associations who should, in its opinion, be bound by its award have been summoned to attend the proceedings, or given notice of the proceedings; | |
to direct that summonses be issued, or notice of the proceedings be given, to persons who should, in its opinion, be summoned to appear or receive notice of the proceedings; |
* * * * * * * * * *
to allow the amendment of any relevant application, reference, notice of appeal, report or any subsequent proceedings; | |
to give any direction in the course or in pursuance of the hearing or determination of a matter; | |
to dismiss a matter, or to refrain from further hearing or from determining a matter if it appears that the matter is trivial, or that in the public interest further proceedings by the Commission are not necessary or desirable; | |
to order any party to a matter to pay to any other party such costs and expenses, including expenses of witnesses but excluding costs of preparation of the case and representation during the hearing, as are specified in the order, or as may be taxed by the Registrar; | |
to proceed to hear and determine a matter in the absence of any party or other person who has been summoned or served with notice to appear; |
(i) to sit in any place for the hearing and determination of a matter;
to adjourn its sittings to any time and place or to a time and place to be fixed; | |
to refer any technical matter or matters of account to an expert, and to accept that expert’s report as evidence; | |
subject to this Act, to rescind or vary its awards or decisions, and to re-open any question; | |
to direct parties to be joined or struck out; | |
to correct an error, irregularity or defect in any proceedings (notwithstanding that the error, irregularity or defect may be such as to render the proceedings void); | |
to extend any prescribed time; | |
and | |
to waive compliance with any Rule made pursuant to this Act which applies to the Commission. |
(1a) The cost of an expert’s report under subsection (1)
(1b) Where the Commission corrects an error, irregularity or defect in proceedings in pursuance of subsection (1)
(2) Subject to this Act, the Commission—
has a discretion to determine a matter as it thinks fit; | |
and | |
may exercise its powers on such terms and conditions as it thinks fit. |
(3) The Commission, any member of the Commission or any person authorized by the Commission may at any time during working hours—
enter any place or premises or any ship or vessel of any kind, in which or in respect of which any industry is carried on or any work is being or has been done or commenced, or any matter or thing is taking or has taken place in relation to which any industrial matter exists, or any award has been made or is being sought; | |
inspect and view any work, material, machinery, appliances, article, matter, or thing, in the place, premises, ship or vessel; | |
and | |
question any person or persons who may be in or on the place, premises, ship or vessel in relation to any matter or thing referred to in paragraph |
(4) A person must not—
hinder or obstruct the Commission, a member of the Commission or a person authorized by the Commission in the exercise of any power conferred by or under this section; | |
refuse to the Commission, a member of the Commission or a person authorized by the Commission entrance to any place, premises, ship or vessel to which entry is authorized under subsection (3); | |
or | |
refuse or fail to answer truthfully any question put pursuant to subsection (3). |
Penalty: Division 8 fine.
(5) Notwithstanding any law or practice to the contrary, the Commission, in the exercise of any jurisdiction, power or function under this Act—
is governed in its procedure and in its awards and decisions by equity, good conscience, and the substantial merits of the case, without regard to technicalities, legal forms or the practice of courts; | |
and | |
is not bound by any rules or practice as to evidence, but may inform itself on any matter in such manner as it thinks just. |
(6) A person may, with leave of the Commission, serve outside the State any summons or notice issued for the purposes of any proceedings before the Commission.
29. (1) In the exercise of its powers the Commission may—
make an award (including a provisional or interim award) and, without being restricted to the specific relief claimed by the parties, may include in the award any provision the Commission thinks necessary or expedient; | ||||
by award, appoint a board of reference consisting of one or more members to hear and determine any matters prescribed by the award (but such a board does not have power to make an award or order for the payment of money alleged to be payable in pursuance of the award); | ||||
by award, authorize an official of a registered association of employees, subject to such terms and conditions as the Commission thinks fit, after giving the employer notice prescribed by the award, to enter the premises of an employer subject to the award, or any other premises where employees of the employer may be working, and— | ||||
|
and
|
* * * * * * * * * *
include in any award provisions setting out the procedure to be adopted in the settlement of any industrial dispute (but such a provision cannot limit, restrict or affect the exercise or performance of the jurisdiction or powers of the Commission in relation to any such dispute); | |
direct (with due regard to local circumstances) within what limits of area (if any) and subject to what conditions and exceptions (if any) an award is to be binding on the persons engaged in an industry whether as employers or employees. |
* * * * * * * * * *
(2) An award of the Commission is binding on all persons and associations expressed to be bound by the award.
(3) Subject to subsection (4), an award of the Commission has, if it so provides, retrospective operation.
(4) An award cannot operate retrospectively as from a day antecedent to the day on which the application in respect of which the award is made was lodged with the Commission unless—
there is some nexus between the award and— | ||
|
or
| ||
and, in view of that nexus, it is desirable that there should be common dates of operation; | ||
the award gives effect to, in whole or in part and with or without modification, any principles, guidelines or conditions relating to remuneration enunciated or laid down in, or attached to, any relevant decision or declaration of the Commonwealth Commission; | ||
or | ||
the day as from which the award is to operate is fixed with the consent of all parties to the proceedings. |
(5) An appeal lies against a determination of a board of reference appointed under subsection (1)
(6) An award under subsection (1)
(7) A board of reference appointed by an award under subsection (1)
the times and places at which it proposes to sit for the purpose of hearing and determining any matter prescribed by the award; | |
and | |
any determination made by the board. |
(8) The powers conferred on an official of a registered association by an award under subsection (1)
(2) Notwithstanding the terms of a direction under subsection (1)—
an employer is only obliged by the direction to give preference to a member of a registered association over another person where all factors relevant to the circumstances of the particular case are otherwise equal; | |
and | |
no employer is obliged by the direction to give preference to a member of a registered association over a person in respect of whom there is in force a certificate issued under section 144. |
where, in the Minister’s opinion, it is in the public interest that the matter be dealt with by the Commission—by the Minister; | ||
by an employer, or group of employers, employing not less than— | ||
|
or
| ||
by not less than— | ||
|
or
| ||
by a registered association of employers; | ||
by a registered association of employees; | ||
by the United Trades and Labor Council; | ||
or | ||
by the Chamber of Commerce and Industry, South Australia, Incorporated or the South Australian Employers’ Federation Incorporated. |
(2) The Commission will not deal with any matter the subject of an application before it until it is satisfied that the substance of the application and the day and time on which it is to be heard have been advertised in the manner prescribed by the Rules or have been communicated to representatives of all persons likely to be bound by the award.
(3) The Commission will not entertain an application under subsection (1)
(2) An application cannot be made under this section where the dismissal of the employee is subject to appeal or review under some other Act or law.
* * * * * * * * * *
(3) Where in proceedings under this section the Commission is of the opinion that the dismissal of the applicant was harsh, unjust or unreasonable, the Commission may—
order that the applicant be re-employed by the employer in the applicant’s former position without prejudice to the former conditions of employment; | |
where it would be impracticable for the employer to re-employ the applicant in accordance with an order under paragraph | |
or | |
where, after considering whether to make an order under paragraph |
(4) Where the Commission makes an order for re-employment under this section, then, subject to any contrary direction of the Commission—
the employee must be remunerated in respect of the period intervening between the date that the dismissal took effect and the date of re-employment as if the employee’s employment in the position from which the employee was dismissed had not been terminated; | |
the employer is entitled to the repayment of any amount paid to the employee on dismissal on account of any accrued entitlement to recreation leave or long service leave; | |
and | |
for the purposes of determining rights to recreation leave, sick leave and long service leave, the interruption to the employee’s continuity of service caused by the dismissal will be disregarded. |
(4a) Where—
an applicant’s level of remuneration (excluding overtime payments) immediately before the date of dismissal (when expressed as an annual amount) was at a rate in excess of— | ||||
| ||||
and | ||||
the employee’s remuneration is not governed by an award or industrial agreement under this Act or the Commonwealth Act, |
the affiliated association will (subject to de-registration) continue to be registered under Division II of Part IX; | |
and | |
no objection of the kind referred to in section 133 of the principal Act (as in force before the re-enactment of Part IX) can be taken to the registration of the association under Division II of Part IX nor can any objection to registration of such an association be taken under section 116(2) of the principal Act. |
(7) A reference in this section to an affiliated association is a reference to an association declared by regulation to be affiliated with a specified organization.
(8) The Commission must, on the application of the United Trades and Labor Council, register the United Trades and Labor Council as an association under Division II of Part IX.
(9) The following provisions apply in relation to the repeal of Part V of the principal Act:
an award or decision of a conciliation committee in force immediately before that repeal will, after that repeal, be taken to be an award of the Commission and will, subject to the principal Act, continue to have the same operation; | |
and | |
any proceedings before a conciliation committee at the time of that repeal will, after that repeal, continue before the Commissioner who is the presiding officer of the conciliation committee at the time of that repeal as if the proceedings had been commenced before the Commission. |
(10) The following provisions apply in relation to the repeal of the
Public Service Arbitration Act 1968 :
a determination or decision of a Public Service Arbitrator in force immediately before that repeal will, after that repeal, be taken to be an award of the Commission and will, subject to the principal Act, continue to have the same operation; | |
and | |
any proceedings before the Public Service Arbitrator at the time of that repeal will, subject to such directions as the President thinks fit, be transferred to the Commission where they may proceed as if they had been commenced before the Commission. |
(11) The following provisions apply in relation to the amendment of the
an award of the Teachers’ Salaries Board in force immediately before those amendments will, after those amendments, be taken to be an award of the Commission and will, subject to the principal Act, continue to have the same operation; | |
and | |
any proceedings before the Teachers’ Salaries Board at the time of those amendments may continue before the Teachers’ Salaries Board as if those amendments had not been effected. |
(12) The person hearing any proceedings continued or transferred under subsection (9) or (10) may:
receive in evidence any transcript of evidence in proceedings before the tribunal before which the proceedings were commenced, and draw any conclusions of fact from that evidence that appear proper; | |
and | |
adopt any findings or determinations of that tribunal that may be relevant to the proceedings. |
• | Legislative history prior to 3 February 1976 appears in marginal notes and footnotes included in the consolidation of this Act contained in Volume 5 of The Public General Acts of South Australia 1837-1975 at page 51. |
• | Certain textual alterations were made to this Act by the Commissioner of Statute Revision when preparing the reprint of the Act that incorporated all amendments in force as at 30 November 1987. A schedule of these alterations was laid before Parliament on 3 November 1987. |
• | Legislative history since 3 February 1976 ( |
Section 1: | substituted by 34, 1991, s. 3 |
Section 2: | repealed by 55, 1987, s. 3(1) (Sched.) |
Section 3: | amended by 60, 1981, s. 3; 33, 1983, s. 2; substituted by 19, 1984, s. 3; |
amended by 34, 1991, s. 4
Section 4: | amended by 108, 1983, s. 3(a); repealed by 55, 1987, s. 3(1) (Sched.) |
Section 5: | repealed by 55, 1987, s. 3(1) (Sched.) |
definition of "allowances" substituted by 55, 1987, s. 3(1) (Sched.) definition of "apprentice" substituted by 55, 1987, s. 3(1) (Sched.) definition of "association" substituted by 34, 1991, s. 5(a) | |
definition of "award" amended by 55, 1987, s. 3(1) (Sched.); 34, 1991, s. 5(b) definition of "club" repealed by 55, 1987, s. 3(1) (Sched.) definition of "Committee" repealed by 34, 1991, s. 5(c) definition of "the Commonwealth Act" inserted by 55, 1987, s. 3(1) (Sched.); | |
substituted by 45, 1989, s. 3 definition of "the Commonwealth Commission" inserted by 55, 1987, s. 3(1) |
(Sched.); substituted by 45, 1989, s. 3
definition of "council" amended by 55, 1987, s. 3(1) (Sched.) definition of "decision" inserted by 55, 1987, s. 3(1) (Sched.) definition of "demarcation dispute" inserted by 34, 1991, s. 5(d)
definition of "employee" amended by 55, 1987, s. 3(1) (Sched.); 34, 1989,
s. 3(a), (b)
definition of "employer" amended by 55, 1987, s. 3(1) (Sched.); 34, 1989, s. 3(c), (d); 34, 1991, s. 5(e); paragraph (b) repealed by 55, 1987, s. 3(1) (Sched.)
definition of "the Full Court" substituted by 55, 1987, s. 3(1) (Sched.)
definition of "improver" repealed by 55, 1987, s. 3(1) (Sched.)
definition of "industrial agreement" substituted by 55, 1987, s. 3(1) (Sched.);
amended by 93, 1992, s. 3(a)
definition of "industrial authority" inserted by 34, 1991, s. 5(f)
definition of "industrial dispute" amended by 55, 1987, s. 3(1) (Sched.)
definition of "industrial matter" amended by 52, 1985, s. 3; 55, 1987, s. 3(1)
(Sched.); 34, 1989, s. 3(e); 34, 1991, s. 5(g)
definition of "industry" substituted by 34, 1991, s. 5(h) definition of "Inspector" substituted by 34, 1991, s. 5(i) definition of "juvenile" repealed and definition of "junior" inserted in its place by
55, 1987, s. 3(1) (Sched.)
definition of "legal practitioner" amended by 55, 1987, s. 3(1) (Sched.)
definition of "lock-out" repealed by 19, 1984, s. 4(a)
definition of "metropolitan area" substituted by 55, 1987, s. 3(1) (Sched.)
definition of "organization" inserted by 34, 1991, s. 5(j)
definition of "outworker" inserted by 34, 1989, s. 3(g)
definition of "peak council" inserted by 34, 1991, s. 5(k)
definition of "prescribed employer" substituted by 55, 1987, s. 3(1) (Sched.); 34,
1991, s. 5(
l )
definition of "prime bank rate" inserted by 34, 1989, s. 3(f);substituted by
17, 1994, Sched. 4 cl. 3 definition of "public employee" inserted by 55, 1987, s. 3(1) (Sched.)
definition of "Public Service Board" repealed by 55, 1987, s. 3(1) (Sched.)
definition of "public service employee" repealed by 55, 1987, s. 3(1) (Sched.)
definition of "railway employee" repealed by 55, 1987, s. 3(1) (Sched.)
definition of "registered agent" inserted by 93, 1992, s. 3(b)
definition of "registered association" amended by 55, 1987, s. 3(1) (Sched.);
substituted by 34, 1991, s. 5(m)
definition of "Rules" amended by 55, 1987, s. 3(1) (Sched.) definition of "single business" inserted by 93, 1992, s. 3(c) definition of "State" inserted by 34, 1991, s. 5(n)
definition of "strike" repealed by 19, 1984, s. 4(b)
definition of "the Conciliation and Arbitration Act 1904-1972 of the
Commonwealth" repealed by 55, 1987, s. 3(1) (Sched.)
Section 6(1aa): | inserted by 34, 1989, s. 6(h) |
Section 6(1a): | inserted by 55, 1987, s. 3(1) (Sched.) |
Section 6(1b): | inserted by 55, 1987, s. 3(1) (Sched.); repealed by 34, 1991, s. 5(o) |
Section 6(2): | amended by 55, 1987, s. 3(1) (Sched.); 34, 1991, s. 5(p) |
Section 6(3): | inserted by 19, 1984, s. 4(c); amended by 55, 1987, s. 3(1) (Sched.); 34, 1991, s. |
5(q)
Section 7: | repealed by 55, 1987, s. 3(1) (Sched.); inserted by 34, 1989, s. 4 |
Section 8(1): | substituted by 55, 1987, s. 3(1) (Sched.) |
Section 9(1): | substituted by 19, 1984, s. 5(a) |
Section 9(2): | substituted by 19, 1984, s. 5(a); amended by 55, 1987, s. 3(1) (Sched.) |
Section 9(2a): | inserted by 19, 1984, s. 5(a); amended by 55, 1987, s. 3(1) (Sched.) |
Section 9(2b): | inserted by 70, 1985, s. 15 |
Section 9(3): | amended by 55, 1987, s. 3(1) (Sched.) |
Section 9(4): | substituted by 19, 1984, s. 5(b) |
Section 10(1): | substituted by 95, 1983, s. 2(a); amended by 55, 1987, s. 3(1) (Sched.) |
Section 10(1a): | inserted by 95, 1983, s. 2(a); amended by 55, 1987, s. 3(1) (Sched.) |
Section 10(1b): | inserted by 95, 1983, s. 2(a) |
Section 10(2): | amended by 55, 1987, s. 3(1) (Sched.) |
Section 10(3): | amended by 95, 1983, s. 2(b), (c); repealed by 19, 1984, s. 6 |
Section 11: | substituted by 92, 1982, s. 4(1) |
Section 11(1): | amended by 59, 1985, s. 9(a) |
Section 12(1): | amended by 19, 1984, s. 7(a), (b); 55, 1987, s. 3(1) (Sched.); 93, 1992, s. 4(a) |
Section 12(1a): | inserted by 19, 1984, s. 7(c); amended by 55, 1987, s. 3(1) (Sched.) |
Section 12(2): | amended by 19, 1984, s. 7(d); 55, 1987, s. 3(1) (Sched.) |
Section 12(3): | amended by 55, 1987, s. 3(1) (Sched.); 93, 1992, s. 4(b) |
Section 12(4): | amended by 55, 1987, s. 3(1) (Sched.) |
Section 13: | substituted by 108, 1983, s. 3(b) |
Section 13(1): | amended by 93, 1992, s. 5(a) |
Section 13(2): | repealed by 93, 1992, s. 5(b) |
Section 14(3): | inserted by 108, 1983, s. 3(c) |
Section 15(1): | amended by 55, 1987, s. 3(1) (Sched.); 34, 1991, s. 6(a)-(c) |
Section 15(1)(e): | repealed by 19, 1984, s. 8(a) |
Section 15(2): | substituted by 55, 1987, s. 3(1) (Sched.); 34, 1991, s. 6(d) |
Section 15(3): | inserted by 19, 1984, s. 8(b); substituted by 55, 1987, s. 3(1) (Sched.); amended by 34, 1989 s. 5(a); substituted by 34, 1991, s. 6(d); amended by 93, 1992, s. 6(a); 93, 1992, s. 6(b) |
Section 15(3)(g)(iii): | repealed by 93, 1992, s. 6(a) |
Section 15(4): | inserted by 19, 1984, s. 8(b); substituted by 55, 1987, s. 3(1) (Sched.); 34, 1991, |
s. 6(d)
Section 15(4a): | inserted by 34, 1989, s. 5(b); repealed by 34, 1991, s. 6(d) |
Section 15(5) - (7): | inserted by 55, 1987, s. 3(1) (Sched.); repealed by 34, 1991, s. 6(d); inserted by |
93, 1992, s. 6(c)
Section 15(8): | inserted by 93, 1992, s. 6(c) |
Section 16: | substituted by 55, 1987, s. 3(1) (Sched.); amended by 34, 1989, s. 6 |
Section 17(1): | amended by 19, 1984, s. 9(a), (b) |
Section 17(1)(c): | repealed by 55, 1987, s. 3(1) (Sched.) |
Section 17(1a): | inserted by 19, 1984, s. 9(c) |
Section 17(1b): | inserted by 55, 1987, s. 3(1) (Sched.) |
Section 17(2): | amended by 55, 1987, s. 3(1) (Sched.) |
Section 17(3): | amended by 19, 1984, s. 63 (Sched.); 55, 1987, s. 3(1) (Sched.); 34, 1989, s. 32 |
(Sched.)
Section 17(4): | amended by 55, 1987, s. 3(1) (Sched.) |
Section 18: | amended by 19, 1984, s. 10; repealed by 55, 1987, s. 3(1) (Sched.) |
Section 19(1): | amended by 55, 1987, s. 3(1) (Sched.) |
Section 19(2) and (3): | amended by 55, 1987, s. 3(1) (Sched.); substituted by 93, 1992, s. 7(a) |
Section 19(5): | amended by 55, 1987, s. 3(1) (Sched.); substituted by 93, 1992, s. 7(b) |
Section 19(6): | substituted by 93, 1992, s. 7(b) |
Section 19(7): | substituted by 55, 1987, s. 3(1) (Sched.); 93, 1992, s. 7(b) |
Section 19(8) and (9): | repealed by 55, 1987, s. 3(1) (Sched.) |
Section 20(1): | substituted by 55, 1987, s. 3(1) (Sched.) |
Section 21: | repealed by 55, 1987, s. 3(1) (Sched.) |
Section 22(3): | inserted by 19, 1984, s. 11; substituted by 55, 1987, s. 3(1) (Sched.) |
Section 22(4) and (5): | inserted by 19, 1984, s. 11; amended by 55, 1987, s. 3(1) (Sched.) |
Section 22(6): | inserted by 19, 1984, s. 11 |
Section 22(7): | inserted by 19, 1984, s. 11; amended by 55, 1987, s. 3(1) (Sched.) |
Section 23(2): | substituted by 34, 1991, s. 7(a) |
Section 23(2a) and (2b): | inserted by 34, 1991, s. 7(a) |
Section 23(3): | substituted by 19, 1984, s. 12(a); amended by 55, 1987, s. 3(1) (Sched.) |
Section 23(4): | substituted by 34, 1991, s. 7(b) |
Section 23(5): | substituted by 19, 1984, s. 12(b); 34, 1991, s. 7(b) |
Section 23(7): | substituted by 59, 1985, s. 9(b); amended by 55, 1987, s. 3(1) (Sched.); |
34, 1991, s. 7(c)
Section 23(8) - (10): | amended by 55, 1987, s. 3(1) (Sched.) |
Section 23(11) - (13): | inserted by 34, 1991, s. 7(d) |
Section 23a: | inserted by 34, 1991, s. 8 |
Section 24(2): | amended by 19, 1984, s. 13(a) |
Section 24(3a): | inserted by 19, 1984, s. 13(b) |
Section 24(4): | substituted by 55, 1987, s. 3(1) (Sched.) |
Section 24a: | inserted by 34, 1991, s. 9 |
Section 25(1): | amended by 34, 1991, s. 10(a) |
Section 25(1a): | inserted by 93, 1992, s. 8 |
Section 25(2): | substituted by 34, 1989, s. 7 |
Section 25(3): | amended by 55, 1987, s. 3(1) (Sched.); substituted by 34, 1991, s. 10(b) |
Section 25(4) - (7): | inserted by 34, 1991, s. 10(b) |
Section 25a: | inserted by 19, 1984, s. 14 |
Section 25a(2): | amended by 34, 1989, s. 8 |
Section 25a(4): | amended by 55, 1987, s. 3(1) (Sched.) |
Section 25b: | inserted by 19, 1984, s. 14 |
Section 26(1): | substituted by 19, 1984, s. 15(a); amended by 55, 1987, s. 3(1) (Sched.); |
34, 1991, s. 11(a)
Section 26(1)(a): | repealed by 34, 1991, s. 11(a) |
Section 26(1a): | inserted by 19, 1984, s. 15(a); amended by 55, 1987, s. 3(1) (Sched.); repealed |
by 34, 1991, s. 11(b)
Section 26(2): | amended by 19, 1984, s. 15(b); 55, 1987, s. 3(1) (Sched.) |
Section 27(1): | substituted by 19, 1984, s. 16(a); amended by 55, 1987, s. 3(1) (Sched.); |
34, 1991, s. 12(a), (b); substituted by 93, 1992, s. 9(a)
Section 27(1a): | inserted by 19, 1984, s. 16(a); amended by 55, 1987, s. 3(1) (Sched.); repealed |
by 34, 1991, s. 12(c); inserted by 93, 1992, s. 9(a)
Section 27(1b): | inserted by 19, 1984, s. 16(a) |
Section 27(2): | substituted by 19, 1984, s. 16(a) |
Section 27(3): | amended by 19, 1984, s. 16(b); 55, 1987, s. 3(1) (Sched.) |
Section 27(4): | amended by 19, 1984, s. 16(b) |
Section 27(5): | amended by 19, 1984, s. 16(b); 55, 1987, s. 3(1) (Sched.) |
Section 27(6): | amended by 19, 1984, ss. 16(b), 63 (Sched.); 55, 1987, s. 3(1) (Sched.); |
34, 1989, s. 32 (Sched.)
Section 27(7): | amended by 55, 1987, s. 3(1) (Sched.) |
Section 27(8): | amended by 55, 1987, s. 3(1) (Sched.); 34, 1989, s. 9 |
Section 27(9): | amended by 19, 1984, s. 16(b)-(d); 55, 1987, s. 3(1) (Sched.); 93, 1992, s. 9(b) |
Section 27(9a): | inserted by 19, 1984, s. 16(e) |
Section 28(1): | amended by 19, 1984, s. 17(a), (b); 34, 1991, s. 13(a), (b) |
Section 28(1)(c): | repealed by 55, 1987, s. 3(1) (Sched.) |
Section 28(1a) and (1b): | inserted by 19, 1984, s. 17(c) |
Section 28(2): | substituted by 55, 1987, s. 3(1) (Sched.) |
Section 28(3): | amended by 55, 1987, s. 3(1) (Sched.) |
Section 28(4): | amended by 19, 1984, s. 63 (Sched.); 55, 1987, s. 3(1) (Sched.); 34, 1989, s. 32 |
(Sched.)
Section 28(5): | amended by 55, 1987, s. 3(1) (Sched.); 34, 1991, s. 13(c) |
Section 28(6): | inserted by 93, 1992, s. 10 |
Section 29(1): | amended by 19, 1984, s. 18(a)-(c); 34, 1991, s. 14 |
Section 29(1)(d): | repealed by 19, 1984, s. 18(a) |
Section 29(1)(g): | repealed by 19, 1984, s. 18(c) |
Section 29(2) and (3): | substituted by 19, 1984, s. 18(d) |
Section 29(4): | inserted by 19, 1984, s. 18(d); amended by 55, 1987, s. 3(1) (Sched.) |
Section 29(5): | inserted by 19, 1984, s. 18(d) |
Section 29(6): | inserted by 19, 1984, s. 18(d); amended by 55, 1987, s. 3(1) (Sched.) |
Section 29(7): | inserted by 19, 1984, s. 18(d) |
Section 29(8): | inserted by 19, 1984, s. 18(d); amended by 55, 1987, s. 3(1) (Sched.) |
Section 29a: | inserted by 19, 1984, s. 19 |
Section 30(1): | substituted by 55, 1987, s. 3(1) (Sched.); amended by 34, 1991, s. 15 |
Section 30(3): | inserted by 19, 1984, s. 20 |
Section 31: | inserted by 19, 1984, s. 21 |
Section 31(1): | amended by 52, 1985, s. 4(a) |
Section 31(2): | amended by 52, 1985, s. 4(b) |
Section 31(2a) and (2b): | inserted by 34, 1991, s. 16; repealed by 93, 1992, s. 11(a) |
Section 31(3): | substituted by 52, 1985, s. 4(c) |
Section 31(4): | substituted by 52, 1985, s. 4(d) |
Section 31(4a) and (4b): | inserted by 93, 1992, s. 11(b) |
Section 31(5): | substituted by 34, 1989, s. 10(a) |
Section 31(7): | inserted by 34, 1989, s. 10(b) |
Section 31(8): | inserted by 93, 1992, s. 11(c) |
Section 32(1): | amended by 55, 1987, s. 3(1) (Sched.) |
Section 33(1): | amended by 55, 1987, s. 3(1) (Sched.); 34, 1991, s. 17(a) |
Section 33(2): | repealed by 34, 1991, s. 17(b) |
Section 34: | amended by 19, 1984, s. 22; 34, 1989, s. 11; 34, 1991, s. 18; substituted by 93, |
1992, s. 12
Section 35: | repealed by 55, 1987, s. 3(1) (Sched.) |
Section 36(1): | amended by 55, 1987, s. 3(1) (Sched.) |
Section 36(2): | substituted by 55, 1987, s. 3(1) (Sched.) |
Section 36(3): | repealed by 55, 1987, s. 3(1) (Sched.) |
Division IV of Part III comprising ss. 37 - 39 and heading inserted by 34, 1989, |
s. 12
Section 39(1): | substituted by 93, 1992, s. 13(a) |
Section 39(2): | amended by 93, 1992, s. 13(b) |
Section 39(3) - (9): | inserted by 93, 1992, s. 13(c) |
Section 40(1): | amended by 34, 1991, s. 19(a) |
Section 40(1a): | inserted by 34, 1991, s. 19(b) |
Section 40(2): | amended by 19, 1984, s. 23(a), (b); 34, 1991, s. 19(c) |
Section 40(3): | inserted by 19, 1984, s. 23(c); amended by 34, 1991, s. 19(c) |
Section 40(4): | inserted by 19, 1984, s. 23(c); amended by 55, 1987, s. 3(1) (Sched.); 34, 1991, |
s. 19(c)
Section 40a: | inserted by 19, 1984, s. 24 |
Section 40a(1) and (2): | amended by 55, 1987, s. 3(1) (Sched.) |
Section 40a(3): | substituted by 34, 1991, s. 20 |
Section 40a(4) and (5): | inserted by 34, 1991, s. 20 |
Section 40b: | inserted by 19, 1984, s. 24 |
Section 40b(1) - (4): | amended by 55, 1987, s. 3(1) (Sched.) |
Section 40b(6): | repealed by 55, 1987, s. 3(1) (Sched.) |
Section 40c: | inserted by 19, 1984, s. 24 |
Section 40c(1): | amended by 55, 1987, s. 3(1) (Sched.) |
Section 41(1): | amended by 55, 1987, s. 3(1) (Sched.) |
Section 43: | substituted by 55, 1987, s. 3(1) (Sched.) |
Section 44(1): | substituted by 55, 1987, s. 3(1) (Sched.) |
Section 44(1aa): | inserted by 93, 1992, s. 14 |
Section 44(1a): | inserted by 34, 1989, s. 13 |
Section 45(2): | substituted by 55, 1987, s. 3(1) (Sched.) |
Section 45(3): | amended by 55, 1987, s. 3(1) (Sched.) |
Section 46: | redesignated as s. 46(1) by 55, 1987, s. 3(1) (Sched.) |
Section 46(1): | amended by 55, 1987, s. 3(1) (Sched.) |
Section 46(1a): | inserted by 34, 1991, s. 21 |
Section 46(2) and (3): | inserted by 55, 1987, s. 3(1) (Sched.) |
Section 48(2): | amended by 34, 1989, s. 14 |
Section 48(3): | amended by 93, 1992, s. 15 |
Section 48(4): | repealed by 55, 1987, s. 3(1) (Sched.) |
Section 48a: | inserted by 34, 1991, s. 22 |
Section 49: | amended by 19, 1984, s. 25; 55, 1987, s. 3(1) (Sched.); substituted by 34, 1991, |
s. 23
Section 50(1): | amended by 55, 1987, s. 3(1) (Sched.) |
Section 50(1a): | inserted by 19, 1984, s. 26(a); amended by 55, 1987, s. 3(1) (Sched.); 34, 1991, |
s. 24
Section 50(2): | amended by 19, 1984, s. 26(b) |
Section 50(2a): | inserted by 19, 1984, s. 26(c) |
Section 50(2b): | inserted by 19, 1984, s. 26(c); amended by 55, 1987, s. 3(1) (Sched.) |
Section 50(3): | substituted by 55, 1987, s. 3(1) (Sched.) |
Section 50(5): | amended by 19, 1984, s. 63 (Sched.); 55, 1987, s. 3(1) (Sched.); 34, 1989, s. 32 |
(Sched.)
Section 50a: | inserted by 34, 1989, s. 15 |
Section 51: | amended by 55, 1987, s. 3(1) (Sched.) |
Section 52(1): | amended by 19, 1984, s. 63 (Sched.); substituted by 55, 1987, s. 3(1) (Sched.); |
amended by 34, 1989, s. 32 (Sched.)
Section 52(1a): | inserted by 55, 1987, s. 3(1) (Sched.); amended by 34, 1989, s. 32 (Sched.) |
Section 52(2): | amended by 19, 1984, s. 63 (Sched.); 55, 1987, s. 3(1) (Sched.); 34, 1989, s. 32 |
(Sched.)
Part V comprising ss. 53 - 77 and headings amended by 19, 1984, ss. 27-34, 63 (Sched.); 52, 1985, ss. 5, 6; 55, 1987, s. 3(1) (Sched.); 34, 1989, ss. 16, 17, 32 (Sched.); repealed by 34, 1991, s. 25
Section 79(1): | amended by 34, 1991, s. 26 |
Section 79(3): | substituted by 55, 1987, s. 3(1) (Sched.) |
Section 80(1): | substituted by 85, 1981, s. 3(a); amended by 55, 1987, s. 3(1) (Sched.) |
Section 80(1a): | inserted by 85, 1981, s. 3(a) |
Section 80(3): | amended by 34, 1989, s. 18(a) |
Section 80(4): | amended by 55, 1987, s. 3(1) (Sched.); repealed by 34, 1989, s. 18(b) |
Section 80(4a) and (4b): | inserted by 10, 1986, s. 2 |
Section 80(4c): | inserted by 34, 1989, s. 18(c) |
Section 80(5a): | inserted by 85, 1981, s. 3(b) |
Section 81(1): | amended by 55, 1987, s. 3(1) (Sched.) |
Section 81(1a): | inserted by 19, 1984, s. 35(a); repealed by 55, 1987, s. 3(1) (Sched.) |
Section 81(2): | amended by 19, 1984, s. 35(b); substituted by 55, 1987, s. 3(1) (Sched.) |
Section 81(3) and (4): | substituted by 55, 1987, s. 3(1) (Sched.) |
Section 81(5): | amended by 19, 1984, s. 35(c); substituted by 55, 1987, s. 3(1) (Sched.) |
Section 81(6): | inserted by 55, 1987, s. 3(1) (Sched.) |
Section 81a: | inserted by 93, 1992, s. 16 |
Section 82: | redesignated as s. 82(1) by 55, 1987, s. 3(1) (Sched.) |
Section 82(1): | amended by 55, 1987, s. 3(1) (Sched.); 34, 1991, s. 27 |
Section 82(2) and (3): | inserted by 55, 1987, s. 3(1) (Sched.) |
Section 83(1) - (4): | amended by 55, 1987, s. 3(1) (Sched.) |
Section 84: | amended by 55, 1987, s. 3(1) (Sched.) |
Section 85: | repealed by 19, 1984, s. 36 |
Section 86(1): | amended by 55, 1987, s. 3(1) (Sched.); 34, 1991, s. 28(a) |
Section 86(3): | repealed by 93, 1992, s. 17 |
Section 86(4): | substituted by 34, 1991, s. 28(b) |
Section 88(1): | amended by 19, 1984, s. 37(a) |
Section 88(1a): | inserted by 19, 1984, s. 37(b) |
Section 88(2): | amended by 19, 1984, s. 37(c) |
Section 88(4) and (5): | substituted by 19, 1984, s. 37(d) |
Section 88(6): | amended by 55, 1987, s. 3(1) (Sched.) |
Section 88(8): | amended by 19, 1984, s. 63 (Sched.); 34, 1989, s. 32 (Sched.); 93, 1992, s. 40 |
(Sched.)
Section 89: | amended by 55, 1987, s. 3(1) (Sched.); substituted by 15, 1992, s. 3 |
Section 90(1): | amended by 19, 1984, s. 38(a); 55, 1987, s. 3(1) (Sched.) |
Section 90(1a): | inserted by 55, 1987, s. 3(1) (Sched.) |
Section 90(2): | substituted by 19, 1984, s. 38(b); amended by 55, 1987, s. 3(1) (Sched.) |
Section 91: | repealed by 55, 1987, s. 3(1) (Sched.) |
Section 91a: | inserted by 19, 1984, s. 39 |
Section 91a(4): | inserted by 34, 1991, s. 29 |
Section 92(1) - (3): | amended by 55, 1987, s. 3(1) (Sched.) |
Section 93(1): | amended by 19, 1984, s. 40(a) |
Section 93(2): | repealed by 19, 1984, s. 40(b) |
Section 93(3): | amended by 19, 1984, s. 40(c) |
Section 94(2): | amended by 19, 1984, s. 41 |
Heading preceding section 95: | amended by 34, 1991, s. 30 |
Section 95: | amended by 34, 1991, s. 31 |
Section 96(1): | amended by 52, 1985, s. 7; substituted by 55, 1987, s. 3(1) (Sched.); amended by |
34, 1989, s. 19; substituted by 34, 1991, s. 32(a)
Section 96(3): | inserted by 19, 1984, s. 42; amended by 55, 1987, s. 3(1) (Sched.); 34, 1991, |
s. 32(b)
Section 96(4): | inserted by 34, 1991, s. 32(c) |
Section 97: | amended by 52, 1985, s. 8; 55, 1987, s. 3(1) (Sched.); 34, 1989, s. 20; |
substituted by 34, 1991, s. 33
Section 98(1): | amended by 52, 1985, s. 9(a); substituted by 55, 1987, s. 3(1) (Sched.); 34, 1991, |
s. 34(a)
Section 98(1a): | inserted by 52, 1985, s. 9(b); repealed by 34, 1991, s. 34(a) |
Section 98(2): | substituted by 55, 1987, s. 3(1) (Sched.) |
Section 98(3): | amended by 52, 1985, s. 9(c); 55, 1987, s. 3(1) (Sched.); 34, 1991, s. 34(b)-(d); |
93, 1992, s. 18
Section 98(3a): | inserted by 52, 1985, s. 9(d); amended by 34, 1991, s. 34(e) |
Section 98(4): | substituted by 55, 1987, s. 3(1) (Sched.); repealed by 34, 1991, s. 34(f) |
Section 98(5): | repealed by 55, 1987, s. 3(1) (Sched.) |
Section 98(6): | repealed by 34, 1991, s. 34(f) |
Section 98(7): | substituted by 34, 1991, s. 34(g) |
Section 99(1): | amended by 52, 1985, s. 10(a) |
Section 99(1a): | inserted by 52, 1985, s. 10(b); amended by 55, 1987, s. 3(1) (Sched.); substituted |
by 34, 1991, s. 35
Section 100: | substituted by 34, 1991, s. 36 |
Section 100(3a) and (3b): | inserted by 93, 1992 s. 19(a) |
Section 100(5): | inserted by 93, 1992, s. 19(b) |
Section 101(1): | amended by 60, 1981, s. 4; 55, 1987, s. 3(1) (Sched.); 34, 1991, s. 37(a) |
Section 101(2): | substituted by 55, 1987, s. 3(1) (Sched.) |
Section 101(2a): | inserted by 19, 1984, s. 43(a) |
Section 101(4): | amended by 34, 1991, s. 37(b) |
Section 101(4)(b): | repealed by 34, 1991, s. 37(b) |
Section 101(5): | amended by 34, 1991, s. 37(c) |
Section 101(6): | inserted by 19, 1984, s. 43(b) |
Section 102(1): | amended by 34, 1991, s. 38(a) |
Section 102(2): | amended by 34, 1991, s. 38(b), (c) |
Section 104: | amended by 55, 1987, s. 3(1) (Sched.) |
Section 105(3): | amended by 55, 1987, s. 3(1) (Sched.) |
Section 105a: | inserted by 19, 1984, s. 44 |
Division heading preceding | |
section 106: | inserted by 93, 1992, s. 20 |
Section 106: | amended by 55, 1987, s. 3(1) (Sched.); substituted by 93, 1992, s. 21 |
Section 107: | amended by 93, 1992, s. 22 |
Section 108(1): | amended by 34, 1989, s. 21; 93, 1992, s. 23(a),(b) |
Section 108(2): | amended by 55, 1987, s. 3(1) (Sched.); 93, 1992, s. 23(c) |
Section 108a: | inserted by 19, 1984, s. 45 |
Section 108a(1): | amended by 93, 1992, s. 24(a) |
Section 108a(2): | amended by 93, 1992, s. 24(b) |
Section 108a(3a): | inserted by 34, 1989, s. 22(a) |
Section 108a(4): | amended by 55, 1987, s. 3(1) (Sched.); substituted by 34, 1989, s. 22(b) |
Section 108a(4a): | inserted by 34, 1991, s. 39(a) |
Section 108a(7): | amended by 55, 1987, s. 3(1) (Sched.) |
Section 108a(8): | inserted by 34, 1991, s. 39(b); amended by 93, 1992, s. 24(c) |
Section 108b: | inserted by 93, 1992, s. 25 |
Section 109: | amended by 55, 1987, s. 3(1) (Sched.); 93, 1992, s. 26 |
Section 110(1): | amended by 93, 1992, s. 27 |
Section 110(2): | substituted by 19, 1984, s. 46; amended by 34, 1991, s. 40(a) |
Section 110(3): | inserted by 19, 1984, s. 46; repealed by 34, 1991, s. 40(b) |
Section 111: | amended by 52, 1985, s. 11; 93, 1992, s. 28 |
Section 112(1): | amended by 55, 1987, s. 3(1) (Sched.); 93, 1992, s. 29 |
Section 112(2): | amended by 55, 1987, s. 3(1) (Sched.) |
Section 113: | repealed by 55, 1987, s. 3(1) (Sched.) |
Division II of Part VIII comprising sections 113 - 113 |
93, 1992, s. 30
Part IX comprising ss. 114 - 142 and headings amended by 73, 1978, s. 2; 10, 1979, s. 3; 33, 1983, s. 3; 19, 1984, ss. 47 - 49 and 63 (Sched); 52, 1985, s. 12; 55, 1987, s. 3(1) (Sched); 34, 1989, s. 32 (Sched); repealed and ss. 114 - 132 and headings inserted in its place by 34, 1991, s. 41
Section 143a: | inserted by 19, 1984, s. 50 |
Section 143a(3): | substituted by 34, 1991, s. 42 |
Section 144(1): | amended by 55, 1987, s. 3(1) (Sched.) |
Section 144(3): | substituted by 19, 1984, s. 51(a); amended by 55, 1987, s. 3(1) (Sched.); |
34, 1989, s. 32 (Sched.); substituted by 93, 1992, s. 31
Section 144(4): | amended by 55, 1987, s. 3(1) (Sched.) |
Section 144(5): | substituted by 19, 1984, s. 51(b) |
Section 145: | amended by 55, 1987, s. 3(1) (Sched.); substituted by 34, 1991, s. 43 |
Section 145a: | inserted by 19, 1984, s. 52 |
Section 145a(2): | amended by 55, 1987, s. 3(1) (Sched.) |
Section 145b: | inserted by 34, 1991, s. 44 |
Division IA of Part X comprising sections 146a - 146c and heading inserted by |
60, 1981, s. 5
Heading preceding section 146a: | inserted by 60, 1981, s. 5; amended by 33, 1983, s. 4 |
Section 146a: | inserted by 60, 1981, s. 5 |
Section 146a(1): | definition of "the Commonwealth Commission" repealed by 55, 1987, s. 3(1) |
(Sched.)
definition of "determination affecting remuneration or working conditions"
repealed by 33, 1983, s. 5(a)
definition of "industrial authority" amended by 33, 1983, s. 5(b),(c); 19, 1984, s. 53; 59, 1985, s. 9(c); 55, 1987, s. 3(1) (Sched.); paragraphs (b), (c) and (e) repealed by 34, 1991, s. 45
Section 146a(2) and (3): | inserted by 33, 1983, s. 5(d) |
Section 146b: | inserted by 60, 1981, s. 5; substituted by 33, 1983, s. 6 |
Section 146b(1): | amended by 34, 1989, s. 23(a) |
Section 146b(2): | amended by 55, 1987, s. 3(1) (Sched.); substituted by 34, 1989, s. 23(b) |
Section 146b(3): | amended by 34, 1989, s. 23(c) |
Section 146b(4): | repealed by 19, 1984, s. 54; inserted by 93, 1992, s. 32 |
Section 146c: | inserted by 60, 1981, s. 5; amended by 33, 1983, s. 7; repealed by 55, 1987, |
s. 3(1) (Sched.)
Division II of Part X comprising ss. 146 - 152 and heading repealed by
19, 1984, s. 55
Section 153(2): | amended by 55, 1987, s. 3(1) (Sched.); substituted by 34, 1989, s. 24(a) |
Section 153(2a): | inserted by 34, 1989, s. 24(a) |
Section 153(3): | substituted by 19, 1984, s. 56; amended by 55, 1987, s. 3(1) (Sched.) |
Section 153(4): | amended by 34, 1989, s. 24(b) |
Section 153(6): | amended by 55, 1987, s. 3(1) (Sched.); 34, 1989, s. 24(c) |
Section 154(1): | amended by 19, 1984, s. 63 (Sched.); 34, 1989, s. 32 (Sched.) |
Section 154(2): | amended by 19, 1984, s. 63 (Sched.); 34, 1989, s. 32 (Sched.); 93, 1992, s. 40 |
(Sched.)
Section 154(3): | amended by 55, 1987, s. 3(1) (Sched.); substituted by 34, 1989, s. 25 |
Section 154(4): | amended by 19, 1984, s. 63 (Sched.); substituted by 34, 1989, s. 25 |
Section 155: | amended by 55, 1987, s. 3(1) (Sched.) |
Section 156(1): | amended by 19, 1984, ss. 57(a), 63 (Sched.); 55, 1987, s. 3(1) (Sched.); substituted by 34, 1989, s. 26(a); amended by 34, 1991, s. 46(b); 93, 1992, s. 40 (Sched.) |
Section 156(1)(d) and (e): | repealed by 34, 1991, s. 46(a) |
Section 156(2): | amended by 19, 1984, s. 57(b),(c); 55, 1987, s. 3(1) (Sched.); 34, 1989, s. 26(b) |
Section 156(3): | amended by 19, 1984, s. 57(d); 55, 1987, s. 3(1) (Sched.); substituted by |
34, 1989, s. 26(c)
Section 156(4): | repealed by 19, 1984, s. 57(e) |
Section 157: | substituted by 19, 1984, s. 58 |
Section 157(1): | amended by 125, 1986, s. 71(1) (3rd Sched.); 55, 1987, s. 3(1) (Sched.); |
substituted by 34, 1989, s. 27(a); amended by 93, 1992, s. 40 (Sched.)
Section 157(2): | substituted by 55, 1987, s. 3(1) (Sched.); amended by 34, 1989, s. 27(b) |
Section 157a: | inserted by 19, 1984, s. 59 |
Section 157a(1): | amended by 55, 1987, s. 3(1) (Sched.) |
Section 158: | amended by 19, 1984, s. 63 (Sched.); 55, 1987, s. 3(1) (Sched.); substituted by |
34, 1989, s. 28
Section 158(1): | amended by 93, 1992, s. 40 (Sched) |
Section 159: | amended by 19, 1984, ss. 60, 63 (Sched.); substituted by 55, 1987, s. 3(1) |
(Sched.)
Section 159(1): | amended by 34, 1989, ss. 29(a), 32 (Sched.); 71, 1992, s. 3(1) (Sched.); |
93, 1992, s. 40 (Sched.)
Section 159(3): | amended by 34, 1989, ss. 29(b), 32 (Sched.); 71, 1992, s. 3(1) (Sched.); |
93, 1992, s. 40 (Sched.)
Section 159(4): | substituted by 34, 1989, s. 29(c); amended by 71, 1992, s. 3(1) (Sched.); |
93, 1992, s. 40 (Sched.)
Section 159(4a): | inserted by 34, 1989, s. 29(c) |
Section 159(5): | amended by 34, 1989, s. 32 (Sched.); 71, 1992, s. 3(1) (Sched.); 93, 1992, s. 40 |
(Sched.)
Section 159(6): | amended by 34, 1989, s. 29(d) |
Section 159(7): | inserted by 34, 1989, s. 29(e); amended by 93, 1992, s. 40 (Sched.) |
Section 159(8): | inserted by 34, 1991, s. 47; substituted by 93, 1992, s. 33 |
Section 160: | amended by 19, 1984, s. 63 (Sched.); 55, 1987, s. 3(1) (Sched.); 34, 1989, s. 32 |
(Sched.); 93, 1992, s. 40 (Sched.)
Section 161: | redesignated as s. 161(1) by 19, 1984, s. 61 |
Section 161(1): | amended by 55, 1987, s. 3(1) (Sched.) |
Section 161(2): | inserted by 19, 1984, s. 61; substituted by 55, 1987, s. 3(1) (Sched.); amended by 34, 1989, s. 32 (Sched.); 71, 1992, s. 3(1) (Sched.); 93, 1992, s. 40 (Sched.) |
Section 162(1): | amended by 19, 1984, s. 63 (Sched.); 34, 1989, s. 32 (Sched.); 93, 1992, s. 40 |
(Sched.)
Section 163(1): | amended by 19, 1984, s. 63 (Sched.); 55, 1987, s. 3(1) (Sched.); 34, 1989, s. 32 |
(Sched.); 93, 1992, s. 40 (Sched.)
Section 163(2): | amended by 55, 1987, s. 3(1) (Sched.) |
Section 164(1) and (2): | amended by 19, 1984, s. 63 (Sched.); 55, 1987, s. 3(1) (Sched.); 34, 1989, s. 32 |
(Sched.); 93, 1992, s. 40 (Sched.)
Section 166(1): | amended by 19, 1984, s. 63 (Sched.); 55, 1987, s. 3(1) (Sched.); 34, 1989, s. 32 |
(Sched.); 93, 1992, s. 40 (Sched.)
Section 166(2): | amended by 55, 1987, s. 3(1) (Sched.); substituted by 34, 1991, s. 48 |
Section 166(3) and (4): | inserted by 34, 1991, s. 48 |
Section 167: | substituted by 55, 1987, s. 3(1) (Sched.) |
Section 168(1): | amended by 55, 1987, s. 3(1) (Sched.); redesignated as s. 168 in pursuance of |
the
Section 168(2): | repealed by 55, 1987, s. 3(1) (Sched.) |
Section 169: | amended by 55, 1987, s. 3(1) (Sched.) |
Section 170: | amended by 55, 1987, s. 3(1) (Sched.) |
Section 171(1): | amended by 33, 1983, s. 8(a); 34, 1989, s. 30 |
Section 171(1a): | inserted by 33, 1983, s. 8(b) |
Section 171(2): | amended by 55, 1987, s. 3(1) (Sched.) |
Section 172: | substituted by 55, 1987, s. 3(1) (Sched.) |
Section 173(1): | amended by 34, 1991, s. 49(a), (b) |
Section 173(2): | repealed by 34, 1991, s. 49(c) |
Section 174: | amended by 19, 1984, s. 62; redesignated as s. 174(1) by 55, 1987, s. 3(1) |
(Sched.)
Section 174(2): | inserted by 55, 1987, s. 3(1) (Sched.) |
Section 174a: | inserted by 34, 1991, s. 50 |
Section 175(1): | amended by 55, 1987, s. 3(1) (Sched.); 34, 1991, s. 51; 93, 1992, s. 34(a) |
Section 175(2): | amended by 93, 1992, s. 34(b) |
Section 175(3): | repealed by 55, 1987, s. 3(1) (Sched.) |
Section 176: | redesignated as s. 176(1) by 93, 1992, s. 35 |
Section 176(2) - (4): | inserted by 93, 1992, s. 35 |
Heading to the first | |
schedule: | substituted by 108, 1983, s. 3(d); 57, 1987, s. 3(1) (Sched.); amended by 93, |
1992, s. 36
First schedule: | repealed by 55, 1987, s. 3(1) (Sched.) |
Heading to the second | |
schedule: | repealed by 55, 1987, s. 3(1) (Sched.) |
Schedule: | inserted as "second schedule" by 108, 1983, s. 3(e); renamed "schedule" by 55, |
1987, s. 3(1) (Sched.); renamed "first schedule" by 93, 1992, s. 36
Section 1: | definition of "magistrate" repealed and definition of "industrial magistrate" |
inserted in its place by 55, 1987, s. 3(1) (Sched.)
definition of "stipendiary magistrate" amended by 55, 1987, s. 3(1) (Sched.)
definition of "working day" amended by 55, 1987, s. 3(1) (Sched.)
Section 2: | amended by 37, 1984, s. 2; repealed by 55, 1987, s. 3(1) (Sched.) |
Section 3(1) - (5): | amended by 55, 1987, s. 3(1) (Sched.) |
Section 4(3): | substituted by 55, 1987, s. 3(1) (Sched.) |
Section 4(5) - (8): | amended by 55, 1987, s. 3(1) (Sched.) |
Section 5(2): | amended by 55, 1987, s. 3(1) (Sched.) |
Section 6(1) and (2): | amended by 55, 1987, s. 3(1) (Sched.) |
Section 7(1): | substituted by 55, 1987, s. 3(1) (Sched.) |
Section 7(2) - (4) | amended by 55, 1987, s. 3(1) (Sched.) |
Section 8(2), (3) | |
and (6): | amended by 55, 1987, s. 3(1) (Sched.) |
Section 9(1), (6) | |
and (8): | amended by 55, 1987, s. 3(1) (Sched.) |
Section 11(1) and (2): | amended by 59, 1985, s. 9(d) |
Section 13(5), (7) | |
and (8): | amended by 55, 1987, s. 3(1) (Sched.) |
Section 15(2): | substituted by 55, 1987, s. 3(1) (Sched.) |
Section 15(5) and (6): | amended by 55, 1987, s. 3(1) (Sched.) |
Section 18(1) - (4) | |
and (7): | amended by 55, 1987, s. 3(1) (Sched.) |
Section 19: | amended by 55, 1987, s. 3(1) (Sched.) |
Second schedule: | inserted by 93, 1992, s. 37 |
DIVISIONAL PENALTIES AND EXPIATION FEES
At the date of publication of this reprint divisional penalties and expiation fees are, as provided by section 28a of the
Division | Maximum | Maximum | Expiation |
imprisonment | fine | fee |
1 | 15 years | $60 000 | — |
2 | 10 years | $40 000 | — |
3 | 7 years | $30 000 | — |
4 | 4 years | $15 000 | — |
5 | 2 years | $8 000 | — |
6 | 1 year | $4 000 | $300 |
7 | 6 months | $2 000 | $200 |
8 | 3 months | $1 000 | $150 |
9 | - | $500 | $100 |
10 | - | $200 | $75 |
11 | - | $100 | $50 |
12 | - | $50 | $25 |
0
0
0