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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Industrial Relations Leave Legislation
Amendment (Bonuses) Bill 2000
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Acts 2
4 Special provision with respect to regulations under
amended Acts 2
Schedules
1 Amendment of Annual Holidays Act 1944 4
2 Amendment of Long Service Leave Act 1955 5
3 Amendment of Long Service Leave (Metalliferous Mining
Industry) Act 1963 6
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY, has
finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW
SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2000
New South Wales
Industrial Relations Leave Legislation
Amendment (Bonuses) Bill 2000
Act No , 2000
An Act to amend the Annual Holidays Act 1944, the Long Service Leave Act 1955
and the Long Service Leave (Metalliferous Mining Industry) Act 1963 with respect
to bonuses; and for related purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill as
finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Industrial Relations Leave Legislation Amendment (Bonuses) Bill 2000
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Industrial Relations Leave Legislation Amendment
(Bonuses) Act 2000.
2 Commencement
This Act commences on the date of assent.
3 Amendment of Acts
Each Act specified in Schedules 13 is amended as set out in those
Schedules.
4 Special provision with respect to regulations under amended Acts
(1) In this section:
relevant regulation means a regulation made under section 2 (6) of the
Annual Holidays Act 1944, section 3 (2C) of the Long Service Leave
Act 1955 or section 3 (2C) of the Long Service Leave (Metalliferous
Mining Industry) Act 1963, being the first regulation made under each
such provision after the commencement of this Act.
(2) A relevant regulation may be made with effect on and from a date that
is earlier than the date of its publication in the Gazette (including a
date that is earlier than the commencement of this Act).
(3) Any such regulation has effect with respect to any payment to which
a person is entitled under an Act amended by this Act even though the
entitlement arose before the publication of the regulation or the
commencement of this Act.
(4) However, any such regulation does not affect:
(a) any payment that was made before the publication of the
regulation, or
(b) any entitlement to payment arising before the publication of the
regulation that was the subject of proceedings instituted in a
court before the commencement of this Act under the industrial
relations legislation (within the meaning of the Industrial
Relations Act 1996).
Page 2
Industrial Relations Leave Legislation Amendment (Bonuses) Bill 2000 Clause 4
(5) Regulations may be made under an Act amended by this Act
containing provisions of a savings or transitional nature consequent on
the enactment of this Act.
Page 3
Industrial Relations Leave Legislation Amendment (Bonuses) Bill 2000
Schedule 1 Amendment of Annual Holidays Act 1944
Schedule 1 Amendment of Annual Holidays Act 1944
(Section 3)
Section 2 Interpretation
Insert after section 2 (5):
(6) Despite anything to the contrary in this section, the ordinary
pay of a worker is not to include or be increased by the
amounts paid under any bonus, incentive or other similar
scheme if the annual amount of the worker's ordinary pay
(excluding any amounts so paid) exceeds the amount
prescribed by the regulations for the purposes of this
subsection.
Page 4
Industrial Relations Leave Legislation Amendment (Bonuses) Bill 2000
Amendment of Long Service Leave Act 1955 Schedule 2
Schedule 2 Amendment of Long Service Leave Act
1955
(Section 3)
Section 3 Definitions
Insert after section 3 (2B):
(2C) Despite anything to the contrary in this section, the ordinary
pay of a worker is not to include or be increased by the
amounts paid under any bonus, incentive or other similar
scheme if the annual amount of the worker's ordinary pay
(excluding any amounts so paid) exceeds the amount
prescribed by the regulations for the purposes of this
subsection.
Page 5
Industrial Relations Leave Legislation Amendment (Bonuses) Bill 2000
Schedule 3 Amendment of Long Service Leave (Metalliferous Mining Industry) Act
1963
Schedule 3 Amendment of Long Service Leave
(Metalliferous Mining Industry) Act 1963
(Section 3)
Section 3 Definitions
Insert after section 3 (2B):
(2C) Despite anything to the contrary in this section, the ordinary
pay of a worker is not to include or be increased by the
amounts paid under any bonus, incentive or other similar
scheme if the annual amount of the worker's ordinary pay
(excluding any amounts so paid) exceeds the amount
prescribed by the regulations for the purposes of this
subsection.
Page 6
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