Version No. 002
Wage Theft Act 2020
No. 21 of 2020
Version incorporating amendments as at
1 July 2022
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purposes
2Commencement
3Definitions
4Act binds the Crown
5Application of Act
Part 2—Wage theft offences
6Dishonest withholding of employee entitlements
7Falsification of employee entitlement record
8Failure to keep employee entitlement record
9Complicity in commission of offence
10Body corporate liability for offence by officer
11Attribution to body corporate of conduct, knowledge, intention and belief of officers and associates
12Factors relevant to corporate culture in body corporate
13Officers' liability for employee entitlement offence
14Offences by partnerships and partners
15Offences by unincorporated associations
16Responsible agency for the Crown
17Proceedings against successors to public bodies
18Maximum fine for body corporate for indictable offence heard and determined summarily
Part 3—Wage Inspectorate Victoria and Commissioner
Division 1—The Wage Inspectorate Victoria
19Establishment of the Wage Inspectorate Victoria
20Functions of the Wage Inspectorate Victoria
21Powers of the Wage Inspectorate Victoria
22Guiding principles of the Wage Inspectorate Victoria
23Staff of the Wage Inspectorate Victoria
24Ministerial directions
Division 2—Commissioner of the Wage Inspectorate Victoria
25Appointment of Commissioner
26Terms and conditions of appointment
27Vacancy and resignation
28Removal from office
29Acting appointment
30Functions and powers of Commissioner
31Power to delegate
Part 4—Investigations by the Wage Inspectorate Victoria
Division 1—Investigating employee entitlement offences
32Wage Inspectorate Victoria may investigate possible employee entitlement offences
Division 2—Inspectors
33Appointment of inspectors
34Identity cards
35Inspectors subject to Wage Inspectorate Victoria's directions
36Inspectors may perform functions and exercise powers for certain purposes
37Inspectors may exercise powers only at certain premises
Division 3—Entry, search and seizure with consent
38Entry, search and seizure with consent
39Entry of premises open to the public
Division 4—Entry, search and seizure without consent or warrant
40Limited power of entry, search and seizure without consent or search warrant
41Notice requirements
42Report to Victorian Inspectorate
43Entry without consent or warrant
Division 5—Entry, search and seizure with search warrant
44Search warrants
45Form and content of search warrants
46Announcement before entry
47Seizure of document or other things not described in the warrant
Division 6—Production of documents and records
48Power to require production of documents and answer questions
49Privilege against self-incrimination abrogated in respect of production of documents
Division 7—Retention and return of seized document or other things
50Retention and return of seized documents or things
51Magistrates' Court may extend 3 month period
Division 8—Power of the Wage Inspectorate Victoria to require attendance, etc.
52Wage Inspectorate Victoria may compel production of documents and other things or attendance
53Additional notice requirements
54Report to Victorian Inspectorate
55Privilege against self-incrimination abrogated in respect of production of documents
56Notice given to person under 16 years
57Provisions relating to attendances
58Audio or video recording of attendances
59Power to take evidence on oath or affirmation
60Powers in relation to documents and other things
61Legal representation of persons attending and other persons
62Part does not require disclosure of privileged information
Part 5—General matters
Division 1—Enforceable undertakings
63Wage Inspectorate Victoria may accept an undertaking
64Certain actions prohibited while undertaking is in force or…