Australian Capital Territory Consolidated Acts

TRUCK ACT 1900 - NOTES

Note 2     For example, the Legislation Act, dict, pt 1, defines the following terms:

              •     ACT

              •     bank

              •     credit union

              •     penalty unit (see s 133).

"contract" includes any agreement, understanding, device, contrivance, collusion, or arrangement whatsoever on the subject of wages, whether written or oral, direct or indirect, to which the employer and worker are parties, or are assenting, or by which they are mutually bound to each other, or where either of them shall have endeavoured to impose an obligation on the other of them.

"employer" includes any master, manager, supervisor, clerk, or other person engaged in the hiring, employment or superintendence of the service, work or labour of any worker.

"money" means currency of Australia provided for by the Currency Act 1965 Cwlth, Australian notes within the meaning of the Reserve Bank Act 1959 Cwlth, part 5, or postal orders issued by the Australian Postal Corporation.

"wages" includes any money or thing had, or contracted to be paid, delivered or given, as a recompense, reward or remuneration for any service, work or labour done, or to be done, whether within a certain time, to a certain amount or for a time or amount uncertain.

"worker "means any person in any manner employed in work of any kind or in manual labour, whether under 21 years old or over that age.

Endnotes

1     About the endnotes

Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.

Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.

Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.

The endnotes also include a table of earlier republications.

2     Abbreviation key

am = amended	ord = ordinance
amdt = amendment	orig = original
ch = chapter	par = paragraph/subparagraph
def = definition	pres = present
dict = dictionary	prev = previous
disallowed = disallowed by the Legislative	(prev...) = previously
Assembly	pt = part
div = division	r = rule/subrule
exp = expires/expired	renum = renumbered
Gaz = gazette	reloc = relocated
hdg = heading	R[X] = Republication No
IA = Interpretation Act 1967	RI = reissue
ins = inserted/added	s = section/subsection
LA = Legislation Act 2001	sch = schedule
LR = legislation register	sdiv = subdivision
LRA = Legislation (Republication) Act 1996	sub = substituted
mod = modified/modification	SL = Subordinate Law
o = order	underlining = whole or part not commenced
om = omitted/repealed	or to be expired

3     Legislation history

This Act was originally a NSW Act—the Truck Act 1900 No 55 (NSW).

The Act was in force in NSW immediately before 1 January 1911 (the date of establishment of the ACT) and was continued in force by the Seat of Government Acceptance Act 1909 (Cwlth), s 6.

Under the Seat of Government (Administration) Act 1910 (Cwlth), s 4 the Act had effect in the ACT as if it were an ACT law (subject to ordinances made under the Seat of Government (Administration) Act 1910).

The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former NSW laws in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day).

Under the Interpretation Act 1967 (repealed), s 65 all former NSW Acts in force in the ACT immediately before 10 November 1999 (including this Act) became, for all purposes, laws made by the ACT Legislative Assembly. This completed the process of making former NSW Acts fully into ACT laws.

Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).

    NSW legislation

Truck Act 1900 No 55

assented to 22 November 1900

commenced 1 January 1901

as amended by

Truck Amendment Act 1901 No 49

assented to 19 November 1901

commenced 19 November 1901

    Commonwealth legislation

New South Wales Acts Ordinance 1986 No 91 sch 2 pt 7

notified 12 January 1987

commenced 12 January 1987

    Legislation after becoming Territory enactment

Truck (Amendment) Act 1990 No 35

notified 30 October 1990 (Gaz 1990 No S72)

ss 1-3 commenced 30 October 1990 (s 2 (1))

remainder commenced 1 December 1990 (s 2 (2) and see Gaz 1990 No 46)

Financial Institutions (Removal of Discrimination) Act 1997 No 88 sch

notified 1 December 1997 (Gaz 1997 No S380)

s 1, s 2 commenced 1 December 1997 (s 2 (1))

sch commenced 31 December 1997 (s 2 (2) and Gaz 1997 No S442)

Statute Law Revision (Penalties) Act 1998 No 54 sch

notified 27 November 1998 (Gaz 1998 No S207)

s 1, s 2 commenced 27 November 1998

sch commenced 9 December 1998 (s 2 and Gaz 1998 No 49)

Statute Law Amendment Act 2001 (No 2) No 56 pt 3.48

notified 5 September 2001 (Gaz 2001 No S65)

s 1, s 2 commenced 5 September 2001 (IA s 10B)

pt 3.48 commenced 5 September 2001 (s 2 (1))

Legislation (Gay, Lesbian and Transgender) Amendment Act 2003 A2003-14 sch 1 pt 1.34

notified LR 27 March 2003

s 1, s 2 commenced 27 March 2003 (LA s 75 (1))

sch 1 pt 1.34 commenced 28 March 2003 (s 2)

Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.108

notified LR 22 March 2007

s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))

sch 3 pt 3.108 commenced 12 April 2007 (s 2 (1))

4     Amendment history

The New South Wales Acts Act 1986, sch 2, pt 7 sets out the text of this Act in an amended form and provided for the amended form to apply as the text of the Act in force in the ACT. This endnote, therefore, only details amendments made after the enactment of the 1986 Act.

Name of Act
s 1A     ins 2001 No 56 amdt 3.482

Dictionary
s 1B     (prev s 12) reloc 2001 No 56 amdt 3.486
    defs reloc to dict A2007-3 amdt 3.533
    sub A2007-3 amdt 3.534

Notes
s 1C     ins A2007-3 amdt 3.534

Wages payable in money
s 1     am 1990 No 35 s 4, sch; 1998 No 54 sch; 2001 No 56 amdt 3.483

Stipulation about way of spending wages
s 2     am 1990 No 35 s 5, sch; 1998 No 54 sch; 2001 No 56 amdt 3.483

Payment of wages
s 3     am 1990 No 35 s 6, sch; 1998 No 54 sch; 2001 No 56 amdt 3.484

No set-off to be allowed for goods supplied to worker by employer
s 4     am 1990 No 35 sch

Employer not to have action for goods supplied to worker
s 5     am 1990 No 35 sch

Sharpening and repairing tools
s 6     am 1990 No 35 s 7, sch; 1998 No 54 sch; 2001 No 56 amdt 3.485

Payment of wages may be made by cheque
s 7     am 1990 No 35 sch; 1997 No 88 sch; R2 LRA

Service of legal process
s 8     am R2 LRA

Illegal contracts and payments
s 9     sub 1990 No 35 s 8
    am 1998 No 54 sch; 2001 No 56 amdt 3.483

Cases to which this Act does not apply
s 10     am 1990 No 35 sch; R2 LRA; A2003-14 amdt 1.106, amdt 1.107

Definitions for Act
s 12     reloc as s 1B

Short title
s 13     om 2001 No 56 amdt 3.487

Dictionary
dict     ins A2007-3 amdt 3.535
    def contract am 1990 No 35 sch
    reloc from s 1B A2007-3 amdt 3.533
    def employer am 1990 No 35 sch
    reloc from s 1B A2007-3 amdt 3.533
    def money reloc from s 1B A2007-3 amdt 3.533
    def wages reloc from s 1B A2007-3 amdt 3.533
    def worker am 1990 No 35 sch
    reloc from s 1B A2007-3 amdt 3.533

5     Earlier republications

Some earlier republications were not numbered. The number in column 1 refers to the publication order.

Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.

Republication No	Amendments to	Republication date
1	Act 1990 No 35	30 November 1994
2	Act 1998 No 54	31 July 1999
3	Act 2001 No 56	7 August 2002
4	A2003-14	28 March 2003

© Australian Capital Territory 2007

Australian Capital Territory

A1900-55

Republication No 5

Effective: 12 April 2007

Republication date: 12 April 2007

Last amendment made by A2007-3





Unauthorised version prepared by ACT Parliamentary Counsel's Office

About this republication

The republished law

This is a republication of the Truck Act 1900 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 12 April 2007. It also includes any amendment, repeal or expiry affecting the republished law to 12 April 2007.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):

              • authorised republications to which the Legislation Act 2001 applies

              • unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95.

Penalties

The value of a penalty unit for an offence against this republished law at the republication date is—

(a) if the person charged is an individual—$100; or

(b) if the person charged is a corporation—$500.

Australian Capital Territory

Truck Act 1900

Endnotes

Australian Capital Territory

Truck Act 1900