New South Wales Consolidated Acts

INDUSTRIAL RELATIONS AMENDMENT (JURISDICTION OF INDUSTRIAL RELATIONS COMMISSION) ACT 2009 - SCHEDULE 2

SCHEDULE 2 – Amendment of other legislation

2.1 - Annual Holidays Act 1944 No 31

[1] Section 12 Proceedings for recovery of penalties

Omit “before a Local Court or” from section 12 (1).

[2] Section 12 (2) and (3)

Omit “Local Court or” wherever occurring.

[3] Sections 13 (1) and 14 (d)

Insert “sitting at a designated place as referred to in section 405A of the Industrial Relations Act 1996 ” after “a Local Court” wherever occurring.

2.2 - Apprenticeship and Traineeship Act 2001 No 80

[1] Section 73 Proceedings for offences

Omit “a Local Court constituted by a Magistrate sitting alone” from section 73 (1).
Insert instead “the Industrial Relations Commission in Court Session”.

[2] Section 73, note

Omit the note.

2.3 - Bail Act 1978 No 161

Section 4 Definitions

Omit “, a licensing magistrate under the Liquor Act 1982 , a Children’s Magistrate or an industrial magistrate under the Industrial Relations Act 1996 ” from the definition of "magistrate" in section 4 (1).
Insert instead “or a Children’s Magistrate”.

2.4 - Building and Construction Industry Long Service Payments Act 1986 No 19

[1] Section 64 Proceedings for offences

Omit “a Local Court” from section 64 (1).
Insert instead “the Industrial Relations Commission in Court Session”.

[2] Section 64 (2)

Omit the subsection.

2.5 - Court Security Act 2005 No 1

Section 4 Definitions

Omit “(including a Local Court constituted by an Industrial Magistrate)” from paragraph (g) of the definition of "court" in section 4 (1).

2.6 - Criminal Procedure Act 1986 No 209

[1] Section 3 Definitions

Omit the definition of "Industrial Magistrate" from section 3 (1).

[2] Section 28 Application of Part and definition

Omit “an Industrial Magistrate,” from the definition of "Judge" in section 28 (2).

[3] Section 170 Application

Omit section 170 (2) (c) and (2A) (d).

[4] Section 171 Definitions

Omit “and includes (where applicable) an Industrial Magistrate” from the definition of "court".

[5] Section 171, definition of “Magistrate”

Omit “an Industrial Magistrate and any other”. Insert instead “any”.

[6] Section 171, definition of “registrar”

Omit paragraph (c).

[7] Section 275 Definitions

Omit “and an Industrial Magistrate” from the definition of "Judge".

[8] Section 312 Persons arrested under bench warrants

Omit “and an Industrial Magistrate” from section 312 (3).

2.7 - Dangerous Goods (Road and Rail Transport) Act 2008 No 95

Sections 35 (1) (b), 36 (1) (b) and 45 (1) (b)

Omit “constituted by an Industrial Magistrate sitting alone” wherever occurring.
Insert instead “sitting at a designated place as referred to in section 405A of the Industrial Relations Act 1996 or the Industrial Relations Commission in Court Session”.

2.8 - Employment Protection Act 1982 No 122

Section 19 Proceedings for offences

Omit section 19 (1) and (2). Insert instead:

(1) Proceedings for an offence against this Act or the regulations are to be dealt with summarily before the Industrial Relations Commission in Court Session.

2.9 - Entertainment Industry Act 1989 No 230

Section 63 Proceedings for offences

Omit “an industrial magistrate or a Local Court” from section 63 (2).
Insert instead “the Industrial Relations Commission in Court Session”.

2.10 - Essential Services Act 1988 No 41

Section 31 Proceedings for offences

Omit “a local court”.
Insert instead “the Industrial Relations Commission in Court Session”.

2.11 - Industrial Relations (Child Employment) Act 2006 No 96

[1] Section 3 Definitions

Omit “constituted specially for the purposes of this Act by an Industrial Magistrate sitting alone” from paragraph (b) of the definition of "industrial court" in section 3 (1).
Insert instead “sitting at a designated place as referred to in section 405A of the Industrial Relations Act 1996 ”.

[2] Section 16 Applied provisions of Industrial Relations Act 1996

Omit “(Transfer of certain proceedings to Industrial Magistrates)” from section 16 (1) (a).

[3] Section 16 (7)

Omit “constituted by an Industrial Magistrate sitting alone”.
Insert instead “sitting at a designated place as referred to in section 405A of the Industrial Relations Act 1996 ”.

2.12 - Industrial Relations (General) Regulation 2001

Clause 43 Industrial Magistrate-civil procedure

Omit the clause.

2.13 - Judicial Officers Act 1986 No 100

Section 3 Definitions

Omit “and an industrial magistrate” from the definition of "Magistrate" in section 3 (1).

2.14 - Long Service Leave Act 1955 No 38

[1] Section 11 Recovery of penalties

Omit “a Local Court constituted by a Magistrate sitting alone” from section 11 (1).
Insert instead “the Industrial Relations Commission in Court Session”.

[2] Section 11 (2)

Omit “Local Court”. Insert instead “Industrial Relations Commission”.

[3] Section 11 (3)

Omit “Local Court before whom such proceedings are taken”.
Insert instead “Industrial Relations Commission in Court Session”.

[4] Section 12 Recovery of long service leave pay

Omit “constituted by a Magistrate sitting alone” from section 12 (1).
Insert instead “sitting at a designated place as referred to in section 405A of the Industrial Relations Act 1996 ”.

[5] Section 14 Provisions as to enforcement of orders, appeals etc

Insert “sitting at a designated place as referred to in section 405A of the Industrial Relations Act 1996 ” after “Local Court” in section 14 (c).

2.15 - Occupational Health and Safety Act 2000 No 40

[1] Sections 97 (1) and 98 (1)

Omit “constituted by an Industrial Magistrate sitting alone” wherever occurring.
Insert instead “sitting at a designated place as referred to in section 405A of the Industrial Relations Act 1996 or to the Industrial Relations Commission in Court Session”.

[2] Section 97 Appeal following review

Insert “or the Industrial Relations Commission in Court Session” after “Local Court” in section 97 (2).

[3] Section 97 (2)

Omit “the Court”. Insert instead “the Court concerned”.

[4] Section 97 (3)

Insert “or the Industrial Relations Commission in Court Session (as the case requires)” after “Local Court”.

[5] Section 98 Application for stay of investigation or prohibition notice

Omit “Local Court” from section 98 (2). Insert instead “Court concerned”.

[6] Section 98 (3)

Omit the subsection. Insert instead:

(3) A stay may be granted on such conditions as the Local Court or the Industrial Relations Commission in Court Session (as the case requires) considers appropriate and may be revoked or amended by the Court concerned.

[7] Section 105

Omit the section. Insert instead:

105 Proceedings for offences Proceedings for an offence against this Act or the regulations are to be dealt with summarily before the Industrial Relations Commission in Court Session.

[8] Section 114 Orders regarding costs and expenses of investigation

Omit section 114 (2). Insert instead:

(2) An order made by the Industrial Relations Commission under this section is enforceable under section 182 of the Industrial Relations Act 1996 .

[9] Section 116 Orders to undertake OHS projects

Omit section 116 (3).

[10] Section 124 Definitions

Omit “a Local Court,” from the definition of "guideline judgment".

2.16 - Rail Safety Act 2008 No 97

[1] Sections 123 (1), 124 (1) and 141 (1)

Omit “constituted by an Industrial Magistrate” wherever occurring.
Insert instead “sitting at a designated place as referred to in section 405A of the Industrial Relations Act 1996 or to the Industrial Relations Commission in Court Session”.

[2] Section 123 Appeal following review

Insert “or to the Industrial Relations Commission in Court Session” after “Local Court” in section 123 (2).

[3] Section 123 (2)

Omit “the Court”. Insert instead “the Court concerned”.

[4] Section 123 (3)

Insert “or the Industrial Relations Commission in Court Session (as the case requires)” after “Local Court”.

[5] Sections 124 (2) and 141 (2)

Omit “Local Court” wherever occurring. Insert instead “Court concerned”.

[6] Section 124 Application for stay of prohibition notice

Omit section 124 (3). Insert instead:

(3) A stay may be granted on such conditions as the Local Court or the Industrial Relations Commission in Court Session (as the case requires) considers appropriate and may be revoked or amended by the Court concerned.

2.17 - Shop Trading Act 2008 No 49

Section 16 Proceedings for offences

Insert “before the Industrial Relations Commission in Court Session” after “summarily”.

2.18 - Statutory and Other Offices Remuneration Act 1975 (1976 No 4)

Schedule 1 Public Offices

Omit the matter relating to the office of Chief Industrial Magistrate.

2.19 - Workers Compensation Act 1987 No 70

[1] Section 58 Refund of weekly payments paid after return to work etc

Omit section 58 (9).

[2] Section 156 Recovery of double premiums for contravention of insurance requirements

Omit section 156 (7).

[3] Section 175 Employers evading payment of correct premiums

Omit section 175 (7B).

2.20 - Workplace Injury Management and Workers Compensation Act 1998 No 86

Section 245

Omit the section. Insert instead:

245 Proceedings for offences

(1) Proceedings for an offence against this Act, the 1987 Act or the regulations under those Acts are to be dealt with summarily before the Industrial Relations Commission in Court Session.

(2) Any such proceedings may be instituted by (but not only by) the Authority.