Industrial Relations (General) Amendment (Subcontractor's Statement) Regulation 2003 (NSW)

2003 No 754

New South Wales

Industrial Relations (General) Amendment (Subcontractor’s Statement) Regulation 2003

under the

Industrial Relations Act 1996

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Industrial Relations Act 1996.

JOHN DELLA BOSCA, M.L.C., Minister for Industrial Relations

Explanatory note

Under section 127 of the Industrial Relations Act 1996, principal contractors are liable for unpaid remuneration that is payable in connection with work done by employees of their subcontractors unless the subcontractors supply written statements to the effect that the remuneration has been paid.

The object of this Regulation is to clarify that a written statement supplied by a subcontractor under section 127 of the Industrial Relations Act 1996:

(a)	may be in a form approved by the Director-General, and
(b)	may include, or be included in, any statement made for the purposes of provisions in the Pay-roll Tax Act 1971 and Workers Compensation Act 1987 that are similar to section 127.

This Regulation is made under the Industrial Relations Act 1996, including sections

127 (3) and 407 (the general regulation-making power).

Published in Gazette No 165 of 17 October 2003, page 10051	Page 1
2003 No 754	Industrial Relations (General) Amendment (Subcontractor’s Statement)
Clause 1	Regulation 2003

Industrial Relations (General) Amendment

(Subcontractor’s Statement) Regulation 2003

under the

Industrial Relations Act 1996

1      Name of Regulation

This Regulation is the Industrial Relations (General) Amendment
(Subcontractor’s Statement) Regulation 2003.

2 Amendment of Industrial Relations (General) Regulation 2001

The Industrial Relations (General) Regulation 2001 is amended by

inserting after clause 43:

43A

Subcontractor’s statement about payment of employees

(1)	Without limiting the form in which a written statement under section 127 (3) of the Act may be made, the written statement may be in a form approved by the Director-General.
(2)	A written statement under section 127 (3) of the Act may include, or be included in, any statement made by the subcontractor for the purposes of section 31H of the Pay-roll Tax Act 1971, section 175B of the Workers Compensation Act 1987 or a similar provision under any other Act.

BY AUTHORITY