Industrial Relations Commission Amendment Regulations 2012 (WA)

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1 ?:i'? [GI ERNMENT GrAZETTE WA 16 XTirrh ?C11'2

IR302*

Construction Industry Portable Paid Lon,, Service Leave Act 1985

Industrial Relations Commission Amendment

Regulations 2012

Made by the Chief Commissioner under the Construction Industry
Portable Paid Long Service Leave Act 1985 section 50 and the Industrial

Relations Act 1979 section 113.

1.             Citation

These regulations are the Industrial Relations Commission

Amendment Regulations 012.

2. Commencement
These regulations cone into operation as follows -
(a) regulations I and 2 — on the day on which these regulations are published in the Gazette (gazettrtl day);
(b) regulations 6 and 7 — when the Industrial Legislaiion

_A mendment Act 2011 section 23 comes into operation;

(c)
the rest of the re^tulations on the day after aazettal

day.

3.             Regulations amended

These regulations amend the Industrial Relations Commission

Regulations 2005.

the Table to this subr-e gulation apply to the referral of

4.             Regulation 97 amended

In regulation 97(1 ) delete "referral. hearing and determination of matters to" and insert:

referral of matters to. or the hearing or determination of

platters by,

5. Regulation 99C replaced
Delete regulation 99C and insert:
99C. Application of certain regulations

(1) The provisions of these regulations that are set out in

1 G lTurch 2 011 2 GOVERNMENT GAZETTE, WA 1 25 3

disputes or matters to, or the hearing or determination
of disputes or platters by, the Tribunal as if the
references in the provisions to the Commission were

references to the Tribunal.

Table

Part 2 except r. 8(1), (3) and (4) r. 102
Part 3 except r. 13(3)(a) and 28 r. 103

(2) Subregulation (1) applies —

(a) except as otherwise provided by this Part; and
(b) in a particular case subject to the direction of the Tribunal.

6.             Regulation 102A inserted

At the end of Part 11 Division I insert:

102A. Review of decisions of the Construction Industry

Long Service Leave Payments Board

(1) In this regulation
Board has the meaning given in the Construction
Industry Portable Paid Long Service Leave Act 1985
section 3(1):
re 'iewable decision has the meaning given in the
Construction Industry Portable Paid Long Service
Leave Act 1985 section 50(1).

(2) A reviewable decision may be referred for review to

Construciion Industry
the Commission under the by lodgin g,. within 21 cans from the date of that

decision. a notice of referral in the form of Form 9B.

(3) A person who lodges a notice of referral under

subregulation (2) must. upon the return to him or her of the stamped copies of the notice, serve a stamped copy on -

(a) the chief executive officer of the Board; and

(b)

each other person who was a party to the proceedings before the Board.

(4) Unless in a particular case the Chief Commissioner

otherwise directs. the Registrar is to present a notice of referral to the Chief Commissioner for allocation of the matter as soon as practicable after the notice is lodged.

(5) Subject to subregulation (6). the filing of'a notice of

referral lodged under subregulation (2) stays the operation of the reviewable decision concerned

12 5 1 GOVERNMENT GAZETTE. WA 1( Mnrch 2012

pending the determination of the revie^%• of that

decision.

(6) On application by any person referred to in
sublegulation (3)(b). the Commission may. suhject to
such conditions as it may determine, direct that a
reviewable decision that is referred for review
continues to operate according to its tenor pending the
determination of the review.
(7) .1 person who lodges an application under
subregulation (6) nmust, upon the return to him or her of
the stamped copies of the application, serve a stamped
copy on -
(a) the chief executive officer of the Board; and

(b)

each other person who was a party to the proceedings before the Board.

7. Schedule I .amended
In Schedule I after Form 9A insert:

Form 9B — Notice of review of a decision of the Construction

Industry Long Service Leave Payments Board

[r. 1 02A(2)]

Industrial Relations Act 197 9

In the Western Australian Industrial Relations Commission

No ................................... of 2a

Notice of revie of << decision of the Construction Industry Lang Service

Leave t'a y inents Bci ird

I'0:  1'he Construction Industry Long Service Leave Payments Board
(ii ane. address and telephone number oI'respondenUs)

TAKE NOTICE THAT

(name. address and telephone numhrr of applicant)

has this day referred the decision of the Construction Industry Long Service Leave

Payments I3oard

(give details of the decision)

given on the ........................ day of ................................................... 2d

1 G lTarch 2012 GOVERNMENT CT:1ZETTE , WA 1 255

for review to the Commission under the Construction Inthisti3 Portable Paid Long

Service Leave Act 1985 section 50 on the following grounds:

(attach schedulr i f' necessary)

(signature of applicanll

(Stamp of Commission)

A. R. BEECH, Chief Commissioner.

Date: 27 January 2012.

JUSTICE

JU301*

Fines. Penalties and In f rini.ement Notices Enforcement Act 1994

Fines, Penalties and Infringement Notices

Enforcement Amendment Regulations 2012

Made by the Governor in Executive Council.

1.              Citation

These regulations are the Fines, Penalties and Infringement

- otices Enlbrceinent Amendment Regulations 2012.

2.             Commencement

These regulations cone into operation as follows -

(a) regulations I and 2 — on the day on •hich these

regulations are published in the Gazette;

(h) the rest of the regulations on the day after that day.

3.             Regulations amended

These regulations amend the Fines, Penalties and Infringement
Notices Enfnrceineni Regulations 199-I.
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