Workers Compensation (General) Amendment (Exemption) Regulation 2003 (NSW)

2003 No 430

New South Wales

Workers Compensation (General)

Amendment (Exemption)

Regulation 2003

under the

Workers Compensation Act 1987

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Workers Compensation Act 1987.

JOHN DELLA BOSCA, M.L.C.,

Minister for Commerce

Explanatory note
The objects of this Regulation are:

(a)	to exempt contracts entered into by farmers for the carrying out of farm work on their farms from the operation of a new provision of the Workers Compensation Act 1987 that makes contractors liable for unpaid workers compensation insurance premiums payable by their subcontractors, and
(b)	to provide for the transitional operation of new provisions relating to the definition of wages in the Workers Compensation Act 1987, so that the new provisions do not apply to wages paid, or insurance policies issued or renewed, before 4 pm on 30 June 2003.

This Regulation is made under the Workers Compensation Act 1987, including section

175B and section 280 (the general regulation-making power).

Published in Gazette No 104 of 27 June 2003, page 6336	Page 1
2003 No 430	Workers Compensation (General) Amendment (Exemption)
Clause 1	Regulation 2003

Workers Compensation (General) Amendment

(Exemption) Regulation 2003

under the

Workers Compensation Act 1987

1      Name of Regulation

This Regulation is the Workers Compensation (General)

Amendment (Exemption) Regulation 2003.

2 Commencement

This Regulation commences on 30 June 2003.

3 Amendment of Workers Compensation (General) Regulation 1995

The Workers Compensation (General) Regulation 1995 is amended as set out in Schedule 1.

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Workers Compensation (General) Amendment (Exemption)	2003 No 430
Regulation 2003
Amendments	Schedule 1
Schedule 1 Amendments

(Clause 3)

[1]      Clause 54C

Insert after clause 54B:

54C Liability for subcontractor premiums—exemption for farming
operations

(1)	A contract for the carrying out of work on a farm on which a farmer engages in a farming operation is exempt from the operation of section 175B of the 1987 Act if the farmer is the principal contractor and the work is an aspect of the work of the farming operation (and is not an aspect of the work of any other business undertaking of the farmer).
(2)	In this clause:
farmer means a person who is engaged in a farming operation and includes a person who owns land cultivated under a share- farming agreement.
farming operation means a farming (including dairy farming, poultry farming, bee farming and aquaculture), pastoral, horticultural or grazing operation.

[2]      Clause 73R

Insert after clause 73Q:

73R Application of amendments to definition of “wages”

An amendment made to the 1987 Act by Schedule 2 [4], [5], [6] or [7] to the Workers Compensation Legislation Amendment Act 2002:

(a)	does not apply to wages paid before 4 pm on 30 June 2003, and
(b)	does not apply in respect of a policy of insurance issued or renewed before 4 pm on 30 June 2003.

BY AUTHORITY

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