Long Service Leave (Metalliferous Mining Industry) Amendment Act 1983 (NSW)
LONG SERVICE LEAVE (METALLIFEROUS MINING
INDUSTRY) AMENDMENT ACT, 1983, No. 100
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ANNO TRICESIMO SECUNDO
| * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * | ELIZABETHS n REGINiE |
Act No. 100, 1983.
An Act to amend the Long Service Leave (Metalliferous Mining Industry)
Act, 1963, with respect to the investigation of unpaid long service leave
payments, and in other respects. [Assented to, 9th November, 1983.]
Act No. 100, 1983. 2
Long Service Leave (Metalliferous Mining Industry) 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 (Metalliferous
Mining Industry) Amendment Act, 1983".
Schedules.
2. This Act contains the following Schedules:—
SCHEDULE 1.—AMENDMENTS TO THE LONG SERVICE LEAVE
(METALLIFEROUS MINING INDUSTRY) ACT, 1963.
SCHEDULE 2.—AMENDMENTS TO THE LONG SERVICE LEAVE
(METALLIFEROUS MINING INDUSTRY) ACT, 1963, BY WAY OF
STATUTE LAW REVISION.
Amendment of Act No. 48, 1963.
3. The Long Service Leave (Metalliferous Mining Industry) Act, 1963,
is amended in the manner set forth in Schedules 1 and 2.
SCHEDULE 1.
(Sec. 3.)
AMENDMENTS TO THE LONG SERVICE LEAVE (METALLIFEROUS MINING
INDUSTRY) ACT, 1963.
(1) Section 8—
After "prescribed", insert "for a period of at least 6 years after the last entry therein".
Act No. 100, 1983.
Long Service Leave (Metalliferous Mining Industry) Amendment.
SCHEDULE I—continued.
AMENDMENTS TO THE LONG SERVICE LEAVE (METALLIFEROUS MINING
INDUSTRY) ACT, 1963—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 person- ally 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 10 (5) —
After section 10 (4), insert:—
(5) In this section, "inspector" includes a public servant author- ised under section 9 (4).
(4) Section 12 (1)—
Omit "a period of two years immediately preceding the date of the application", insert instead "the period of 6 years immediately pre- ceding the date of the application but not earlier than 2 years before the date of assent to the Long Service Leave (Metalliferous Mining Industry) Amendment Act, 1983".
Act No. 100, 1983.
Long Service Leave (Metalliferous Mining Industry) Amendment.
SCHEDULE 2.
(Sec. 3.)
AMENDMENTS TO THE LONG SERVICE LEAVE (METALLIFEROUS MINING INDUSTRY) ACT,
1963, BY WAY OF STATUTE LAW REVISION.
(1) (a) Long title—
Omit "—1963".
(b)
Long t i t l e - Omit "—1961".
(2) Section 1 (2) —
Omit the subsection.
(3) (a) Section 3 (1) , definition of "Award"—
Omit the definition, insert instead:—
"Award" means an award within the meaning of the Industrial Arbitra-
tion 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 ) , definiton of "Inspector"—
After "Arbitration Act", insert ", 1940".
(e) Section 3 ( 1 ) , definition of "Prescribed"—
Omit the definition.
(f) Section 3 (3) —
After "Arbitration Act", insert ", 1940".
Act No. 100, 1983.
Long Service Leave (Metalliferous Mining Industry) Amendment.
SCHEDULE 2—continued.
AMENDMENTS TO THE LONG SERVICE LEAVE (METALLIFEROUS MINING INDUSTRY) ACT,
1963, BY WAY OF STATUTE LAW REVISION—continued.
(4) (a) Section 4 (2) (b) (i) —
After "Industrial Arbitration Act", insert ", 1940".
(b) Section 4 (3A) —
Omit "paragraph (b) of subparagraph (i) of paragraph (a) of subsection
(2)" , insert instead "subsection (2) (a) (i) (b)" .
(c) Section 4 (11) (a) ( i )—
Omit "—1963".
(d) Section 4 (11) (a) ( i ) —
Omit "Acts, 1940-1955", insert instead "Act, 1940".
(e) Section 4 (12) ( a ) —
Omit "Paragraph (d) of subsection (11)", insert instead "Subsection (11)
(d)" .
(f) Section 4 (13) (a ) , definition of "Award"—
Omit the definition, insert instead:—
"Award" includes—
(a) an industrial agreement; and
(b)
an award or industrial i^reemont made under the Concili- ation and Arbitration Act 1904 of the Commonwealth.
(g) Section 4 (13) (a ) , definition of "Holding company" and "subsidiary"—
Omit "Companies Act, 1961, or anv Act amending or replacing that Act", insert instead "Companies (New South Wales) Code".
(5) (a) Sections (1) (b) —
After "Arbitration Act", insert ", 1940".
Act No. 100, 1983.
Long Service Leave (Metalliferous Mining Industry) Amendment.
SCHEDULE 2—continued.
AMENDMENTS TO THE LONG SERVICE LEAVE (METALLIFEROUS MINING INDUSTRY) ACT,
1963, BY WAY OF STATUTE LAW REVISION—continued.
(b) Section 5 (2) ( b ) —
Omit "subsection (4) of section 88c of the Industrial Arbitration Acts, 1940-1955, or pursuant to the provisions of subsection (2) of section 5 of the Long Service Leave Act, 1955-1963", insert instead "section 88c (4) of the Industrial Arbitration Act, 1940, or section 5 (2) of the Long Service Leavt Act, 1955".
(c) Section 5 (2) (c) (ii) —
Omit "Acts, 1940-1955", insert instead "Act, 1940".
(d)
Section 5 (2) (c) (ii) — Omit "—1963".
(e) Section 5 (2) (c) (ii) —
Omit ", as amended by subsequent Acts".
(6) Sections 6, 12 (2) , 14—
After "Arbitration \ c t " >vherever occurring, insert ", 1940,".
(7) Section 6—
Omit "the said section", insert instead "section 4". (8) Sections 1! (1) , 12 (1) —
After "Arbitration Ac!" wherever occurring, insert ", 1940"
(9) Section 13 (2) —
Omit "the said subsection", insert instead "subsection (1) '
Act No. 100, 1983.
Long Service Leave (Metalliferous Mining Industry) Amendment. SCHEDULE 2—continued.
AMENDMENTS TO THE LONG SERVICE LEAVE (METALLIFEROUS MINING INDUSTRY) ACT,
1963, BY WAY OF STATUTE LAW REVISION—continued.
(10) 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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