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WORKPLACE RELATIONS AMENDMENT REGULATIONS 2006 (NO. 1) (SLI NO 68 OF 2006) - SCHEDULE 1

Amendments

(regulation 3)

   

[1]           Chapter 2, Part 4, regulation 4.11

substitute

4.11         Application of the Criminal Code

                Unless the contrary intention appears in the Act or these Regulations, Chapter 2 of the Criminal Code (other than section 13.2 and Part 2.7) applies to civil penalties in this Part as if those penalties were offences.

[2]           Chapter 2, Part 7, paragraph 7.1 (3) (a)

omit

a workplace agreement or contract of employment

insert

a workplace agreement or a written contract of employment

[3]           Chapter 2, Part 7, subregulation 7.1 (3), example, second paragraph

after

the employer and employee have agreed

insert

, in writing,

[4]           Chapter 2, Part 7, paragraph 7.1 (4) (a)

omit

a workplace agreement or contract of employment

insert

a workplace agreement or a written contract of employment

[5]           Chapter 2, Part 7, paragraph 7.1 (5) (a)

omit

a workplace agreement or contract of employment

insert

a workplace agreement or a written contract of employment

[6]           Chapter 2, Part 8, subregulation 8.13 (1)

omit

an employer must ensure that a workplace agreement includes the signatures of:

insert

an employer must obtain the signatures of:

[7]           Chapter 2, Part 8, after subregulation 8.13 (4)

insert

      (4A)   It is a defence to a contravention of subregulation (1) that the workplace agreement:

                (a)    is a collective agreement; and

               (b)    does not include the signature of a person (other than the employer) because of the person’s failure or refusal to sign the agreement.

[8]           Chapter 2, Part 8 subregulation 8.14 (2)

omit both mentions of

signed

[9]           Chapter 2, Part 8, after subregulation 8.14 (4)

insert

         (5)   It is a defence to a contravention of subregulation (1) that the workplace agreement:

                (a)    is a collective agreement; and

               (b)    does not include the signature of a person (other than the employer) because of the person’s failure or refusal to sign the agreement.

[10]         Chapter 2, Part 8, regulation 8.15

substitute

8.15         Application of the Criminal Code

                Unless the contrary intention appears in the Act or these Regulations, Chapter 2 of the Criminal Code (other than section 13.2 and Part 2.7) applies to civil penalties in this Part as if those penalties were offences.

[11]         Chapter 2, Part 9, regulation 9.26

substitute

9.26         Application of the Criminal Code

                Unless the contrary intention appears in the Act or these Regulations, Chapter 2 of the Criminal Code (other than section 13.2 and Part 2.7) applies to civil penalties in this Part as if those penalties were offences.

[12]         Chapter 2, Part 19, regulation 19.3

substitute

19.3         Application of the Criminal Code

                Unless the contrary intention appears in the Act or these Regulations, Chapter 2 of the Criminal Code (other than section 13.2 and Part 2.7) applies to civil penalties in this Part as if those penalties were offences.

[13]         Chapter 8, regulation 1.3

substitute

1.3            Application of the Criminal Code

                Unless the contrary intention appears in the Act or these Regulations, Chapter 2 of the Criminal Code (other than section 13.2 and Part 2.7) applies to civil penalties in this Part as if those penalties were offences.

[14]         Schedule 8, title

substitute

Schedule 8         Further provisions — amendments of the Act relating to definitions

(Chapter 4, item 1.1)

[15]         Schedule 8, Part 1, item [3], inserted paragraphs 2 (2) (f) to (t)

substitute

                (f)    paragraph 100 (6) (d);

                (g)    paragraph 100 (8) (a);

                (h)    paragraph 100 (8) (b);

                 (i)    paragraph 100 (11) (a);

                (j)    paragraph 100 (11) (b);

               (k)    paragraph 100 (11) (c);

                 (l)    paragraph 100 (11) (d);

               (m)    paragraph 151 (1) (b);

                (n)    paragraph 151 (1) (c);

               (o)    paragraph 151 (1) (f);

               (p)    section 178, definition of pre‑reform State wage instrument , subparagraph (b) (ii);

               (q)    section 178, definition of pre‑reform Territory wage instrument , subparagraph (a) (ii);

                (r)    paragraph 513 (1) (e);

                (s)    section 518;

                (t)    Schedule 8, paragraph 3 (b), the second reference to employee , but not the first reference to employee ;

                (u)    Schedule 8, paragraph 10 (b), the reference to employees but not the reference to employee .

[16]         Schedule 8, Part 2, item [6], inserted paragraphs 3 (2) (d) and (e)

substitute

               (d)    paragraph 43 (1) (c);

                (e)    subparagraph 64 (2) (b) (i);

[17]         Schedule 8, Part 3, item [9], inserted paragraph 4 (2) (p)

substitute

               (p)    subsection 515 (4), definition of labour hire agency ;

 




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