Long Service Leave (Amendment) Act 1983 (NSW)
LONG SERVICE LEAVE (AMENDMENT) ACT, 1983, No. 99
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Act No. 99, 1983.
An Act to amend the Long Service Leave Act, 1955, with respect to the investigation of unpaid long service leave payments, and in other respects. [Assented to, 9th November, 1983.]
Act No. 99, 1983. 2
Long Service Leave {Amendment).
BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:—
Short title.
1. This Act may be cited as the "Long Service Leave (Amendment) Act,
1983".
Schedules.
2. This Act contains the following Schedules:—
SCHEDULE 1.—AMENDMENTS TO THE LONG SERVICE LEAVE ACT,
1955.
SCHEDULE 2.—AMENDMENTS TO THE LONG SERVICE LEAVE ACT,
1955, BY WAY OF STATUTE LAW REVISION.
Amendment of Act No. 38, 1955.
3. The Long Service Leave Act, 1955, is amended in the manner set
forth in Schedules 1 and 2.
SCHEDULE 1.
(Sec. 3.)
AMENDMENTS TO THE LONG SERVICE LEAVE ACT, 1955.
(1) Section 8—
After "prescribed", insert "for a period of at least 6 years after the last entry therein".
Act No. 99, 1983. '
Long Service Leave {Amendment). SCHEDULE I—continued.
AMENDMENTS TO THE LONG SERVICE LEAVE ACT, 1955—continued.
(2) Section 9 (3) , (4 )—
After section 9 (2) , insert:—
(3) Where a worker claims that an employer has not paid the full amount of any payment which has become due to the worker under this Act, an inspector may, by notice in writing served personally or by post, require the employer to deliver or to send by post to the inspector, within such time and to such place as are specified in the notice—
(a)
a copy of such specified part of the long service leave record required to be kept under this Act; and
(b)
such other information of a specified kind relating to that payment,
as the inspector considers necessary in order to investigate the claim.
(4) A public servant authorised in that behalf by the Under Secretary of the Department of Industrial Relations may exercise the power conferred on an inspector by subsection (3).
(3) Section 9A C D -
After "inspector", insert "or a public servant authorised under section
9 (4)".
(4) Section 10 (5 )—
After section 10 (4), insert:—
(5) In this section, "inspector" includes a public servant authorised under section 9 (4).
Act No. 99, 1983. 4
Long Service Leave {Amendment).
SCHEDULE 2.
(Sec. 3.)
AMENDMENTS TO THE LONG SERVICE LEAVE ACT, 1955, BY WAY OF
STATUTE LAW REVISION.
| (1) | Long | t i t l e - |
Omit "Acts, 1940-1955", insert instead "Act, 1940".
(2) (a) Section 3 (1), definition of "Award"—
Omit the definition, insert instead:—
"Award" means an award within the meaning of the Industrial
Arbitration Act, 1940.
(b) Section 3 (1) , definition of "Industrial agreement"—
Omit the definition, insert instead:—
"Industrial agreement" means an industrial agreement within the
meaning of the Industrial Arbitration Act, 1940.
(c) Section 3 (1) , definition of "Industrial Arbitration Act"—
Omit the definition.
(d) Section 3 (1), definition of "Inspector"—
After "Arbitration Act", insert ", 1940".
(e) Section 3 (1) , definition of "Prescribed"—
Omit the definition.
(f) Section 3 (4 )—
After "Arbitration Act", insert ", 1940".
| (3) (a) Section 4 (2) ( a l ) (i) — |
After "Industrial Arbitration Act", insert ", 1940".
(b) Section 4 (3A) —
Omit "paragraph (b) or (c) of subparagraph (i) of paragraph (a) of subsection (2)" , insert instead "subsection (2) (a) (i) (b) or (c)" .
(c) Section 4 (11) (a) (i) —
Omit "Acts, 1940-1955", insert instead "Act, 1940".
(d) Section 4 (12) (a) —
Omit "Paragraph (d) of subsection (11)", insert instead "Subsection (11)
(d)".
| 5 | Act | N o . | 9 9 , | 1 9 8 3 . |
Long Service Leave {Amendment). SCHEDULE 2—continued.
AMENDMENTS TO THE LONG SERVICE LEAVE ACT, 1955, BY WAY OF
STATUTE LAW REVISION—continued.
(e) Section 4 (13) (a) , definition of "Award"—
Omit the definition, insert instead:—
"Award" includes—•
(a) an industrial agreement; and
(b)
an award or industrial agreement made under the Concilia- tion and Arbitration Act 1904 of the Commonwealth.
| (4) | (a) Section 5 ( 1 ) | ( b ) — |
After "Arbitration Act", insert ", 1940".
(b) Section 5 (2) (b) —
Omit "subsection (4) of section 88c of the Industrial Arbitration Acts, 1940-1955", insert instead "section 88c (4) of the Industrial Arbitration Act, 1940".
(c) Section 5 (2) (c) (ii) —
Omit "Acts, 1940-1955", insert instead "Act, 1940".
(d) Section 5 (2) (c) ( i i )—
Omit "subsection (1) of section 13", insert instead "section 13 (1)" .
(e) Section 5 (3) — Omit "paragraph (a) of subsection (2)" , insert instead "subsection (2)
(a )" .
(f) Section 5 (4) —
Omit "paragraph (b) of subsection (2)" , insert instead "subsection (2)
(bV\
(g) Section 5 (4) —
Omit "paragraph (a) of that subsection", insert instead "subsection (2)
(a )" .
Act No. 99, 1983. 6
Long Service Leave {Amendment).
SCHEDULE 2—continued.
AMENDMENTS TO THE LONG SERVICE LEAVE ACT, 1955, BY WAY OF
STATUTE LAW REVISION—continued.
(5) (a) Section 6—
After "Arbitration Act", insert ", 1940,".
(b) Section 6—
Omit "the said section", insert instead "section 4".
(6) Sections 11 (1) , 12 (1) —
After "Arbitration Act" wherever occurring, insert ", 1940".
(7) Sections 12 (2) , 14—
After "Arbitration Act" wherever occurring, insert ", 1940,".
(8) Section 13 (3) —
Omit "Acts, 1940-1955", insert instead "Act, 1940".
| (9) | Section 15 ( 3 ) — |
Omit the subsection, insert instead:-—•
(3) Section 41 of the Interpretation Act, 1897, applies in respect of a
regulation made under this Act as if this Act had been passed after the
commencement of the Interpretation (Amendment) Act, 1969.
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