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PARLIAMENT OF VICTORIA
Victorian Workers' Wages Protection Bill 2007
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purpose 1
2 Commencement 2
3 Definitions 2
4 Who is a related party? 6
5 Act binds the Crown 6
PART 2--DEDUCTIONS AND PAYMENT OF WAGES 7
6 Method of payment of wages 7
7 Deductions from wages 7
8 Employee authorisation to make deductions 9
9 Deductions taken not to be authorised 10
10 Prohibited deductions 12
PART 3--ENFORCEMENT AND REMEDIES 14
11 Act prevails over contracts 14
12 Court may order civil penalty or reimbursement 14
13 Employee to serve written demand on employer before
making application 16
14 Service of written demand 16
15 When and where application may be made 17
16 Ministerial authorisations to make application 17
17 Costs 18
18 Interest payable 18
19 Employer not entitled to recover goods or services or their
cost 19
20 Person must not hinder or prevent application 19
21 Conduct imputed to incorporated bodies 20
22 Conduct of incorporated bodies imputed to executive
officers 20
23 Reverse onus if employee deceased 20
561133B.I-10/10/2007 i BILL LA INTRODUCTION 10/10/2007
Clause Page
PART 4--GENERAL 22
24 Regulations 22
25 Transitional provisions 23
PART 5--AMENDMENT OF OTHER ACTS 24
26 Amendment of Public Sector (Union Fees) Act 1992 24
27 Amendment of Outworkers (Improved Protection) Act 2003 24
ENDNOTES 25
561133B.I-10/10/2007 ii BILL LA INTRODUCTION 10/10/2007
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Victorian Workers' Wages Protection
Bill 2007
A Bill for an Act to regulate the payment of wages and the ability of
an employer to make deductions from an employee's wages, to
provide enforcement mechanisms and remedies, to amend the Public
Sector (Union Fees) Act 1992 and the Outworkers (Improved
Protection) Act 2003 and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purpose
The purpose of this Act is to--
(a) ensure that employers pay wages in money
5 and to set out the method of that payment;
and
(b) regulate the ability of an employer to make
deductions from an employee's wages; and
561133B.I-10/10/2007 1 BILL LA INTRODUCTION 10/10/2007
Victorian Workers' Wages Protection Bill 2007
Part 1--Preliminary
s. 2
(c) provide for enforcement mechanisms and
remedies if an employer--
(i) fails to pay an employee's wages in
money; or
5 (ii) unlawfully deducts an amount from an
employee's wages; or
(iii) terminates, or threatens to terminate, an
employee's employment or
prejudicially alters an employee's
10 position because the employee is
entitled to, or seeks to, exercise a right
under this Act; and
(d) amend the Public Sector (Union Fees)
Act 1992 and the Outworkers (Improved
15 Protection) Act 2003.
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day to be proclaimed.
(2) If this Act does not come into operation before
20 1 December 2008, it comes into operation on that
day.
3 Definitions
(1) In this Act--
award includes a pre-reform award within the
25 meaning of the Workplace Relations Act
1996 of the Commonwealth, a transitional
award within the meaning of Schedule 6 to
that Act and any other instrument in the
nature of an award;
30 body includes a partnership and a trust;
Commonwealth legislation means the Workplace
Relations Act 1996 of the Commonwealth
and any regulations made under that Act;
561133B.I-10/10/2007 2 BILL LA INTRODUCTION 10/10/2007
Victorian Workers' Wages Protection Bill 2007
Part 1--Preliminary
s. 3
deduction means any amount comprising part of
an employee's wages that is not paid to the
employee including (but not limited to) any
amount withheld in accordance with a salary
5 sacrifice arrangement or paid to another
person on behalf of the employee;
Department means Department of Innovation,
Industry and Regional Development;
domestic partner of a person means a person to
10 whom the person is not married but with
whom the person is living as a couple on a
genuine domestic basis (irrespective of
gender);
employee includes a former employee and a
15 prospective employee;
employer includes a former employer and a
prospective employer;
employment placement service has the meaning
given in section 10;
20 executive officer, in relation to a body (whether or
not incorporated), means--
(a) a director, secretary or member of the
committee of management of the body
(by whatever name called); or
25 (b) in the case of a partnership, a member
of the partnership; or
(c) any other person who is concerned
with, or takes part in, the management
of the body, whether or not the person's
30 position is given the name of executive
officer;
561133B.I-10/10/2007 3 BILL LA INTRODUCTION 10/10/2007
Victorian Workers' Wages Protection Bill 2007
Part 1--Preliminary
s. 3
industrial instrument means an award, agreement
or standard that is given effect to or
continued in effect by the Commonwealth
legislation and is applicable to a Victorian
5 employer and one or more employees or to
Victorian employers and employees;
multiple deduction means a deduction made on
2 or more occasions and includes a deduction
that may continue for an indefinite period;
10 organisation means a trade union within the
meaning of the Commonwealth legislation;
person includes a body (whether or not
incorporated);
related party has the meaning given in section 4;
15 relative, in relation to a person, means--
(a) the spouse or domestic partner of the
person; or
(b) a parent, son, daughter, brother or sister
of the person; or
20 (c) a parent, son, daughter, brother or sister
of the spouse or domestic partner of the
person;
relevant financial interest means--
(a) any share in the capital of the business;
25 or
(b) any entitlement to receive any income
derived from the business; or
(c) any entitlement to receive any payment
as a result of money advanced;
561133B.I-10/10/2007 4 BILL LA INTRODUCTION 10/10/2007
Victorian Workers' Wages Protection Bill 2007
Part 1--Preliminary
s. 3
relevant power means any power, whether
exercisable by voting or otherwise and
whether exercisable alone or in association
with others--
5 (a) to participate in any directorial,
managerial or executive decision; or
(b) to elect or appoint any person as an
executive officer;
wages means the amount to which an employee is
10 entitled in respect of services performed by
the employee including (but not limited to)
salary, income, allowances, overtime
payments, leave payments, termination
payments, bonuses, gratuities and
15 commissions but not including payments in
kind or the value of payments in kind (for
example, the provision of a motor vehicle or
other goods or services) made in accordance
with a remuneration package agreed between
20 the employee and the employer.
(2) For the purposes of the definition of domestic
partner in subsection (1), in determining whether
persons are domestic partners of each other, all the
circumstances of their relationship are to be taken
25 into account, including any one or more of the
matters referred to in section 275(2) of the
Property Law Act 1958 as may be relevant in a
particular case.
(3) For the purposes of this Act a deduction is not to
30 be taken to be for the direct or indirect benefit of
an employer or a related party of an employer
only because part of it comprises an amount
intended to cover the reasonable administration
costs incurred, or to be incurred, in processing the
35 payment of the balance of the deduction to a third
party on behalf of the employee.
561133B.I-10/10/2007 5 BILL LA INTRODUCTION 10/10/2007
Victorian Workers' Wages Protection Bill 2007
Part 1--Preliminary
s. 4
4 Who is a related party?
For the purposes of this Act, a person is a related
party in relation to an employer if the person--
(a) holds or will hold any relevant financial
5 interest, or is or will be entitled to exercise
any relevant power (whether in right of the
person or on behalf of any other person) in
the employer's business and, by virtue of that
interest or power, is able or will be able to
10 exercise a significant influence over or with
respect to the management or operation of
that business; or
(b) is or will be an executive officer, whether in
right of the person or on behalf of any other
15 person, of the employer's business; or
(c) if the employer, or a person who is a related
party in relation to the employer by force of
paragraph (a) or (b), is a natural person, is a
relative of the employer or the related party;
20 or
(d) is a person or a member of a class of person
prescribed by the regulations to be a related
party in relation to the employer--
but does not include a person or a member of a
25 class of person prescribed by the regulations not
to be a related party in relation to the employer.
5 Act binds the Crown
This Act binds the Crown in right of Victoria and,
so far as the legislative power of the Parliament
30 permits, the Crown in all its other capacities.
__________________
561133B.I-10/10/2007 6 BILL LA INTRODUCTION 10/10/2007
Victorian Workers' Wages Protection Bill 2007
Part 2--Deductions and Payment of Wages
s. 6
PART 2--DEDUCTIONS AND PAYMENT OF WAGES
6 Method of payment of wages
(1) An employer must pay to an employee all of the
employee's wages in money.
5 (2) An employer must pay an employee's wages to the
employee--
(a) in cash; or
(b) if the employee has given the employer
written authorisation to do so--
10 (i) by cheque, postal order or money order;
or
(ii) by deposit into an ADI specified by the
employee in the written authorisation;
or
15 (c) by a combination of methods set out in
paragraphs (a) and (b).
Note
The Interpretation of Legislation Act 1984 defines
an ADI to be an authorised deposit-taking institution
20 within the meaning of the Banking Act 1959 of the
Commonwealth.
(3) Nothing in this section affects the making of
deductions from an employee's wages in
accordance with this Part.
25 7 Deductions from wages
(1) An employer must not make any deductions from
an employee's wages unless--
(a) the employer--
(i) has received a valid written
30 authorisation from the employee in
accordance with section 8; and
561133B.I-10/10/2007 7 BILL LA INTRODUCTION 10/10/2007
Victorian Workers' Wages Protection Bill 2007
Part 2--Deductions and Payment of Wages
s. 7
(ii) has made the deduction in accordance
with the employee's written instructions
as set out in the authorisation; and
(iii) if subsection (2) applies, has complied
5 with that subsection; or
(b) the employer is required or authorised by
law, court order or an industrial instrument
to make the deduction.
Note
10 A deduction from an employee's pay by a public
sector employer in respect of trade union or other
association fees may, in addition to this Act, only be
made if the Minister has approved the deduction in
writing: see section 4 of the Public Sector (Union
15 Fees) Act 1992.
(2) Before any deductions proposed on the initiative
of the employer or that are for the direct or
indirect benefit of the employer or a related party
of the employer are authorised by the employee in
20 accordance with section 8, an employer must
inform the employee in writing of the following--
(a) the reason for the proposed deduction;
(b) the identity of the person in whose favour the
proposed deduction is to be made;
25 (c) subject to section 8, the amount of the
proposed deduction;
(d) whether it is proposed to be a single
deduction or a multiple deduction;
(e) the date or dates or period during which the
30 employer will make the proposed deduction.
561133B.I-10/10/2007 8 BILL LA INTRODUCTION 10/10/2007
Victorian Workers' Wages Protection Bill 2007
Part 2--Deductions and Payment of Wages
s. 8
(3) Subsection (2) does not apply if the deduction is
of a type prescribed by the regulations for the
purposes of this subsection.
(4) An employee may withdraw an authorisation to
5 make a deduction at any time by notifying the
employer in writing and the employer must stop
making the deduction as soon as practicable after
receiving the employee's written notification.
(5) Nothing in this Act requires an employer to agree
10 to make a deduction authorised to be made by an
employee in accordance with section 8 unless the
employer is otherwise required by law, court order
or an industrial instrument to do so.
(6) This section does not apply to a deduction made
15 under section 56 of the Financial Management
Act 1994 or section 26 of the Parliamentary
Administration Act 2005.
8 Employee authorisation to make deductions
(1) An employee may authorise his or her employer
20 in writing--
(a) to make a single deduction from his or her
wages to a specified person on a date or
occasion specified in the authorisation; or
(b) to make multiple deductions from his or her
25 wages to a specified person at a frequency
and for the period (definite or indefinite)
specified in the authorisation.
(2) An authorisation under this section must specify
the amount of each proposed deduction and any
30 variation in the amount of the deduction must be
authorised by the employee in writing.
561133B.I-10/10/2007 9 BILL LA INTRODUCTION 10/10/2007
Victorian Workers' Wages Protection Bill 2007
Part 2--Deductions and Payment of Wages
s. 9
(3) Subsection (2) does not apply if--
(a) the employee has authorised his or her
employer in writing to make a multiple
deduction for an amount as varied from time
5 to time and the deduction is not for the direct
or indirect benefit of the employer or a
related party of the employer; or
Example
An employee may authorise his or her employer to
10 deduct an amount from his or her wages to pay a
nominated health fund and may authorise the
employer to vary the amount of the deduction if the
premiums for his or her health fund change.
(b) the deduction is of a type prescribed by the
15 regulations for the purposes of this
paragraph.
9 Deductions taken not to be authorised
(1) A written authorisation under section 8 is of no
effect if--
20 (a) it was obtained as a result of coercion or
duress on the part of the employer or a
related party of the employer or the
authorisation was otherwise not freely given;
or
25 (b) the employee is under the age of 18 years
and the authorisation has not been consented
to in writing by a parent or guardian of the
employee; or
(c) the deduction is for the direct or indirect
30 benefit of the employer or a related party of
the employer and the deduction is
unreasonable in all of the circumstances.
561133B.I-10/10/2007 10 BILL LA INTRODUCTION 10/10/2007
Victorian Workers' Wages Protection Bill 2007
Part 2--Deductions and Payment of Wages
s. 9
(2) A deduction for the direct or indirect benefit of an
employer or a related party of an employer may be
unreasonable in all of the circumstances if--
(a) it would result in the employee being paid
5 less than the minimum wage applicable to
the employee, unless this is authorised by
law, court order or an industrial instrument;
or
(b) it is intended to represent the cost of
10 replacing any clothing, equipment or other
property provided to the employee by the
employer or a related party of the employer
that was lost, damaged or destroyed by the
employee unless the employee intentionally,
15 or through wilful neglect, caused the loss,
damage or destruction; or
(c) no consideration is provided for the
deduction; or
Example
20 An employer may require an employee to make good
a shortfall in a till from his or her wages. The
employee has received nothing of value for this
deduction.
(d) it is of a type prescribed by the regulations as
25 a deduction that may not be reasonable in all
of the circumstances.
(3) A deduction for the direct or indirect benefit of an
employer or a related party of an employer may be
reasonable in all of the circumstances if--
30 (a) it is in respect of the provision to the
employee of goods, services or
accommodation by or on behalf of the
employer or a related party of the employer
and--
35 (i) the amount of the deduction is
specified; and
561133B.I-10/10/2007 11 BILL LA INTRODUCTION 10/10/2007
Victorian Workers' Wages Protection Bill 2007
Part 2--Deductions and Payment of Wages
s. 10
(ii) the amount is a direct and proper
reflection of the actual cost of the
goods, services or accommodation to
which the deduction relates; and
5 (iii) the employer or a related party of the
employer has given the employee an
opportunity, if practicable, to obtain the
same or similar goods, services or
accommodation elsewhere; or
10 (b) it is of a type prescribed by the regulations as
a deduction that may be reasonable in all of
the circumstances.
(4) Nothing in subsection (2) or (3) is intended to
limit subsection (1)(c).
15 10 Prohibited deductions
(1) In this section--
employment placement service means a service
provided by a person acting as an agent for
the purpose of finding or assisting to find--
20 (a) a suitable person to carry out work for a
potential employer; or
(b) employment for a person seeking to be
employed--
but does not include a service that consists
25 only of publishing an advertisement for a
person who is seeking to have work carried
out or to be employed;
relevant employee means--
(a) the holder of, or an applicant for, a
30 Subclass 457 visa (Business (Long
Stay)) under the Migration Regulations
1994 of the Commonwealth; or
561133B.I-10/10/2007 12 BILL LA INTRODUCTION 10/10/2007
Victorian Workers' Wages Protection Bill 2007
Part 2--Deductions and Payment of Wages
s. 10
(b) an employee who is a person or a
member of a class of person prescribed
by the regulations for the purposes of
this definition.
5 (2) An employer must not deduct any amount from
the wages of a relevant employee, even with the
employee's consent, for or in respect of--
(a) any fee, cost or other payment payable in
relation to the provision of an employment
10 placement service for or on behalf of the
employer or employee; or
(b) the provision to, or for the benefit of, the
employee of goods, services or
accommodation for which the employer is by
15 law required to pay.
__________________
561133B.I-10/10/2007 13 BILL LA INTRODUCTION 10/10/2007
Victorian Workers' Wages Protection Bill 2007
Part 3--Enforcement and Remedies
s. 11
PART 3--ENFORCEMENT AND REMEDIES
11 Act prevails over contracts
(1) A provision of a contract or any other agreement
(other than an industrial instrument) is void to the
5 extent that--
(a) it is contrary to or inconsistent with anything
in this Act or the regulations; or
(b) it purports to exclude the application of
provisions of this Act or the regulations.
10 (2) Despite subsection (1), during the period of
6 months beginning on and including the
commencement day, a provision of a contract or
an agreement that is contrary to or inconsistent
with a provision of Part 2 prevails to the extent of
15 the inconsistency.
(3) In subsection (2), commencement day means the
day on which this Act comes into operation.
12 Court may order civil penalty or reimbursement
(1) The following persons may apply to a court for an
20 order under subsection (2)--
(a) the employee; or
(b) at the request of the employee or a group of
employees, an organisation of which the
employee is a member or eligible to be a
25 member; or
(c) the Minister; or
(d) a person authorised by the Minister under
section 16.
561133B.I-10/10/2007 14 BILL LA INTRODUCTION 10/10/2007
Victorian Workers' Wages Protection Bill 2007
Part 3--Enforcement and Remedies
s. 12
(2) On an application under subsection (1), a court
may make one or both of the following orders--
(a) an order imposing a penalty of up to $10 000
on a person if it is satisfied that the person
5 has contravened section 6, 7, 10 or 20;
(b) an order that a person pay to the employee a
specified sum by way of payment or
reimbursement if it is satisfied that the
person has contravened section 6, 7 or 10.
10 (3) To avoid doubt, a contravention of section 6, 7, 10
or 20 is not an offence.
(4) A court that imposes a penalty under
subsection (2)(a) may order that the penalty, or a
part of the penalty, be paid--
15 (a) to a particular person or organisation; or
(b) into the Consolidated Fund.
(5) In making an order under subsection (2)(b) the
court may take into account--
(a) in the case of a contravention of section 6,
20 any benefit the employee received for
services performed by the employee;
(b) in the case of a contravention of section 7
or 10, any benefit the employee has received
or will receive as a result of the deduction
25 made.
(6) An order imposing a penalty under subsection (2)
is taken, for the purposes of enforcement, to be an
order made by the court in a civil proceeding.
(7) An application under this section against a person
30 that is an unincorporated body may be made
against the person in the name of an executive
officer of the body.
561133B.I-10/10/2007 15 BILL LA INTRODUCTION 10/10/2007
Victorian Workers' Wages Protection Bill 2007
Part 3--Enforcement and Remedies
s. 13
13 Employee to serve written demand on employer
before making application
(1) Before an application may be made under
section 12 in relation to a contravention of
5 section 6, a written demand for payment in money
of the wages must have been served on the
employer in accordance with section 14 by or on
behalf of the employee, unless it is not practicable
for this to be done.
10 (2) Before an application may be made under
section 12 in relation to a contravention of
section 7 or 10, a written demand for return of the
amount of the unlawful deduction must have been
served on the employer in accordance with
15 section 14 by or on behalf of the employee, unless
it is not practicable for this to be done.
14 Service of written demand
A written demand must be served on an employer
by--
20 (a) delivering the demand to the employer
personally; or
(b) prepaying and posting the written demand as
a letter addressed to the employer--
(i) at the employee's place of work; or
25 (ii) at the employer's last known place of
business or, if the employer is carrying
on business at 2 or more places, at one
of those places; or
(iii) at the employer's registered office
30 under the Corporations Act; or
561133B.I-10/10/2007 16 BILL LA INTRODUCTION 10/10/2007
Victorian Workers' Wages Protection Bill 2007
Part 3--Enforcement and Remedies
s. 15
(c) leaving the document at the last known place
of business of the employer, or if the
employer is carrying on business at 2 or
more places, at one of those places, with
5 some person apparently in the service of the
employer and apparently not less than
16 years of age.
15 When and where application may be made
(1) An application for an order under section 12 must
10 be made within 6 years after the employee's
entitlement to the money arises, the deduction is
made or the conduct referred to in section 20 is
engaged in (whichever is applicable).
(2) If a proceeding under section 12 is commenced in
15 the Magistrates' Court, only the Industrial
Division of the Magistrates' Court has jurisdiction
to deal with the proceeding.
16 Ministerial authorisations to make application
(1) The Minister may authorise the following persons
20 to make an application under section 12--
(a) the Secretary to the Department; or
(b) a person employed in the Department under
Part 3 of the Public Administration
Act 2004.
25 (2) An authorisation under subsection (1)--
(a) must be in writing; and
(b) may be given generally, or only in relation to
a particular case or cases, or a particular
class of case or cases; and
30 (c) may be revoked by the Minister at any time
by notice in writing.
561133B.I-10/10/2007 17 BILL LA INTRODUCTION 10/10/2007
Victorian Workers' Wages Protection Bill 2007
Part 3--Enforcement and Remedies
s. 17
(3) The revocation of an authorisation does not affect
any proceedings commenced by a person before
that person's authorisation was revoked unless the
notice of revocation states otherwise.
5 17 Costs
(1) Subject to this section, a party to a proceeding
under section 12 must not be ordered to pay costs
incurred by any other party to the proceeding
unless the court hearing the matter is satisfied that
10 the party--
(a) instituted the proceeding vexatiously or
without reasonable cause; or
(b) because of an unreasonable act or omission
in connection with the party's conduct of the
15 proceeding, caused the costs to be incurred
by that other party.
(2) Subsection (1) does not empower a court to award
costs in circumstances specified in that subsection
if the court does not otherwise have the power to
20 do so.
(3) In this section, costs includes all legal and
professional costs and disbursements and
expenses of witnesses.
18 Interest payable
25 (1) If, on an application under section 12 in respect of
a contravention of section 6, 7 or 10, the court is
satisfied that the employer--
(a) had reasonable notice of the employee's
claim; and
30 (b) had no reasonable grounds on which to
dispute the claim; and
561133B.I-10/10/2007 18 BILL LA INTRODUCTION 10/10/2007
Victorian Workers' Wages Protection Bill 2007
Part 3--Enforcement and Remedies
s. 19
(c) in the circumstances should have paid the
claim without the need for proceedings being
taken to establish the validity of the claim--
the court may order the employer to pay interest to
5 the employee in addition to any other amount to
which the employee is entitled.
(2) The interest payable under subsection (1) must not
be greater than the rate fixed under section 2 of
the Penalty Interest Rates Act 1983 that applies
10 at the time the court makes the order.
19 Employer not entitled to recover goods or services
or their cost
If an employer provides goods or services as
payment of wages in contravention of Part 2, the
15 employer is not entitled to recover those goods or
services or their cost in any proceeding in a court
or tribunal against the employee.
20 Person must not hinder or prevent application
(1) An employer must not--
20 (a) terminate or threaten to terminate the
employment of an employee; or
(b) alter the position of an employee to the
employee's prejudice--
because the employee is entitled to or seeks to
25 exercise any entitlement or other right under this
Act.
(2) An employer may contravene subsection (1) even
if the reason mentioned in that subsection is not
the only reason for the employer's conduct.
561133B.I-10/10/2007 19 BILL LA INTRODUCTION 10/10/2007
Victorian Workers' Wages Protection Bill 2007
Part 3--Enforcement and Remedies
s. 21
21 Conduct imputed to incorporated bodies
For the purposes of this Act, any conduct engaged
in on behalf of an incorporated body--
(a) by an executive officer, employee or agent of
5 the body acting within the scope of the
person's actual or apparent authority; or
(b) by any other person at the direction, or with
the consent (express or implied) of such an
executive officer, employee or agent--
10 is also conduct engaged in by the body.
22 Conduct of incorporated bodies imputed to
executive officers
(1) For the purposes of this Act, any conduct engaged
in by an incorporated body (as a result of the
15 application of section 21 or otherwise) is also
conduct engaged in by an executive officer of the
body if that officer knew about the conduct or was
reckless as to whether it was engaged in.
(2) Nothing in this section is intended to enable any
20 amount to be recovered under an order made
under section 12(2)(b) that would result in more
than the amount not paid in money or the amount
deducted, as the case requires, being recovered
overall.
25 (3) Any interest payable under section 18(1) is to be
disregarded for the purposes of subsection (2).
23 Reverse onus if employee deceased
(1) If a proceeding is brought under section 12 in
respect of a contravention of section 6 and the
30 employee is dead at the time the proceeding is
heard, in the absence of evidence to the contrary,
the employer must be taken to have not paid all of
the employee's wages in money.
561133B.I-10/10/2007 20 BILL LA INTRODUCTION 10/10/2007
Victorian Workers' Wages Protection Bill 2007
Part 3--Enforcement and Remedies
s. 23
(2) If a proceeding is brought under section 12 in
respect of a contravention of section 7 or 10 and
the employee is dead at the time the proceeding is
heard, in the absence of evidence to the contrary,
5 the deduction must be taken to be an unlawful
deduction.
__________________
561133B.I-10/10/2007 21 BILL LA INTRODUCTION 10/10/2007
Victorian Workers' Wages Protection Bill 2007
Part 4--General
s. 24
PART 4--GENERAL
24 Regulations
(1) The Governor in Council may make regulations
for or with respect to--
5 (a) prescribing persons or classes of persons to
be, or not to be, a related party in relation to
an employer; or
(b) prescribing types of deductions for the
purposes of section 7(3) or 8(3)(b); or
10 (c) prescribing types of deductions as deductions
that may or may not be reasonable in all of
the circumstances; or
(d) prescribing persons or classes of persons for
the purposes of the definition of relevant
15 employee in section 10; or
(e) prescribing any other matter or thing
required or permitted by this Act to be
prescribed or necessary to be prescribed to
give effect to this Act.
20 (2) The regulations--
(a) may be of general or limited application; and
(b) may differ according to differences in time,
place or circumstances.
(3) Regulations made under this Act may be made--
25 (a) so as to confer a discretionary authority or
impose a duty on a specified person or a
specified class of person; or
561133B.I-10/10/2007 22 BILL LA INTRODUCTION 10/10/2007
Victorian Workers' Wages Protection Bill 2007
Part 4--General
s. 25
(b) so as to provide in a specified case or class
of case for the exemption of a class of person
from any of the provisions of this Act or the
regulations, whether unconditionally or on
5 specified conditions and either wholly or to
such an extent as is specified.
25 Transitional provisions
(1) Any agreement made before the commencement
of this Act authorising, or purporting to authorise,
10 an employer to make deductions from an
employee's wages that does not comply with this
Act ceases 6 months after that commencement to
have any further effect.
(2) This Act does not affect any proceedings
15 commenced or concluded before the
commencement of this Act.
__________________
561133B.I-10/10/2007 23 BILL LA INTRODUCTION 10/10/2007
Victorian Workers' Wages Protection Bill 2007
Part 5--Amendment of Other Acts
s. 26
PART 5--AMENDMENT OF OTHER ACTS
See: 26 Amendment of Public Sector (Union Fees) Act 1992
Act No.
74/1992.
Reprint No. 1
(1) In section 4(1) of the Public Sector (Union Fees)
as at Act 1992, after "may," insert "in accordance with
15 July 1999
5 and
the Victorian Workers' Wages Protection
amending Act 2007 and".
Act No.
108/2004 (2) In section 4(2) of the Public Sector (Union Fees)
LawToday:
www. Act 1992, after "accordance" insert "with the
legislation. Victorian Workers' Wages Protection Act 2007
vic.gov.au
10 and".
See: 27 Amendment of Outworkers (Improved Protection)
Act No.
22/2003 and Act 2003
amending
Act Nos (1) After section 4(2)(e) of the Outworkers
107/2004,
108/2004,
(Improved Protection) Act 2003 insert--
9/2005,
15 18/2005, "(ea) the Victorian Workers' Wages Protection
80/2006 and Act 2007;".
40/2007.
LawToday: (2) In section 4(2)(f) of the Outworkers (Improved
www.
legislation. Protection) Act 2003 for "or (e)" substitute
vic.gov.au ", (e) or (ea)".
561133B.I-10/10/2007 24 BILL LA INTRODUCTION 10/10/2007
Victorian Workers' Wages Protection Bill 2007
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561133B.I-10/10/2007 25 BILL LA INTRODUCTION 10/10/2007
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