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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Industrial Relations (Child
Employment) Bill 2006
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Definitions 2
Part 2 Minimum conditions of employment for children
Division 1 Conditions of employment
4 Employer to ensure at least minimum conditions
provided 4
5 Full Bench of Commission to set no net detriment
principles 5
6 Exhibition of comparable State awards in workplace 6
7 Record-keeping requirements 6
Industrial Relations (Child Employment) Bill 2006
Contents
Page
Division 2 Compliance notices
8 Issue of compliance notices 7
9 Compliance notices may include directions 8
10 Withdrawal of compliance notices 8
11 Offence: refusal or failure to comply with compliance
notice 9
12 Appeal to Industrial Court of New South Wales 9
13 Revocation or withdrawal of compliance notice does
not prevent issue of another notice 9
14 Proceedings for offences or civil penalties not affected
by compliance notices 9
Division 3 Civil penalty
15 Civil penalty for contravention of section 4 10
Division 4 Applied enforcement provisions
16 Applied provisions of Industrial Relations Act 1996 11
Part 3 Unfair dismissal of children by constitutional
corporations
17 Unfair dismissal of children employed by constitutional
corporations 13
Part 4 Miscellaneous
18 Act to bind Crown 15
19 Relationship with other legislation 15
20 Giving of notices and other documents 15
21 Regulations 16
22 Savings, transitional and other provisions 16
23 Consequential amendment of Industrial Relations
Act 1996 No 17 16
24 Review of Act 16
Schedule 1 Savings, transitional and other provisions 17
Contents page 2
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, , 2006
New South Wales
Industrial Relations (Child
Employment) Bill 2006
Act No , 2006
An Act to make provision with respect to the employment of certain children by
trading, financial or foreign corporations; to make a consequential amendment to the
Industrial Relations Act 1996; and for other purposes.
See also the Industrial Relations Further Amendment Act 2006 and Workers Compensation
Amendment (Permanent Impairment Benefits) Act 2006.
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 (Child Employment) Bill 2006
Part 1 Preliminary
The Legislature of New South Wales enacts:
Part 1 Preliminary
1 Name of Act
This Act is the Industrial Relations (Child Employment) Act 2006.
2 Commencement
(1) This Act commences on the date of assent to this Act, except as
provided by subsection (2).
(2) The provisions of Part 2 commence on a day or days to be appointed by
proclamation.
3 Definitions
(1) In this Act:
ABN means an Australian Business Number registered under the A New
Tax System (Australian Business Number) Act 1999 of the
Commonwealth.
ACN has the same meaning as it has in the Corporations Act 2001 of the
Commonwealth.
affected employer, in relation to a child, means an employer of a child
to whose employment section 4 applies.
child means any person who is under the age of 18 years.
Commission means the Industrial Relations Commission of New South
Wales.
compliance notice means a compliance notice issued under Division 2
of Part 2.
conditions of employment has the same meaning as it has in the
Industrial Relations Act 1996.
constitutional corporation means a corporation to which paragraph 51
(xx) of the Commonwealth Constitution applies.
Note. Paragraph 51 (xx) of the Commonwealth Constitution confers power on
the Commonwealth Parliament to make laws with respect to foreign
corporations, and trading or financial corporations formed within the limits of the
Commonwealth.
contravene includes fail to comply with.
dismissal, in relation to an employee, has the same meaning as it has in
Part 6 of Chapter 2 of the Industrial Relations Act 1996.
employ means employ an employee within the meaning of the
Industrial Relations Act 1996.
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Industrial Relations (Child Employment) Bill 2006 Clause 3
Preliminary Part 1
employer has the same meaning as it has in the Industrial Relations Act
1996.
exercise a function includes perform a duty.
function includes a power, authority or duty.
industrial court means:
(a) the Industrial Court of New South Wales, or
(b) if (but only if) the no net detriment principles have been set and
published under section 5--a Local Court constituted specially
for the purposes of this Act by an Industrial Magistrate sitting
alone.
industrial organisation has the same meaning as it has in the Industrial
Relations Act 1996.
Industrial Registrar has the same meaning as it has in the Industrial
Relations Act 1996.
industrial relations legislation has the same meaning as it has in the
Industrial Relations Act 1996.
inspector means an inspector appointed for the purposes of the
Industrial Relations Act 1996.
introduction day means the day on which the Bill for this Act was first
introduced into Parliament.
minimum conditions of employment for a child--see section 4 (3).
modification includes addition, exception, omission or substitution.
no net detriment principles--see section 5.
premises has the same meaning as it has in the Industrial Relations Act
1996.
State award has the same meaning as it has in section 28A of the
Industrial Relations Act 1996.
State industrial instrument means an industrial instrument within the
meaning of the Industrial Relations Act 1996.
(2) Notes included in this Act do not form part of this Act.
Page 3
Clause 4 Industrial Relations (Child Employment) Bill 2006
Part 2 Minimum conditions of employment for children
Part 2 Minimum conditions of employment for
children
Division 1 Conditions of employment
4 Employer to ensure at least minimum conditions provided
(1) This section applies to the employment of a child by an employer if:
(a) the child is employed under an agreement or other arrangement
entered into on or after 27 March 2006, and
(b) the employer of the child is a constitutional corporation that is not
bound by a State industrial instrument with respect to the
employment of the child, and
(c) a State award is in force that covers employees performing
similar work to that performed by the child (a comparable State
award) and that award does not bind the employer in respect of
the employment of the child.
(2) An employer of a child to whose employment this section applies (an
affected employer) must ensure that:
(a) the child is provided with the same conditions of employment as
the minimum conditions of employment for the child, or
(b) if the conditions of employment provided to the child are
different to the minimum conditions of employment for the
child--the conditions of employment provided to the child do
not, on balance, result in a net detriment to the child when
compared to the minimum conditions of employment.
Note. A contravention of this section by an affected employer of a child may
expose the employer to a civil penalty under section 15.
(3) The minimum conditions of employment for a child are:
(a) the conditions of employment for employees performing similar
work to that performed by the child for which provision is made
from time to time in the comparable State award, and
(b) such other conditions of employment for which the industrial
relations legislation makes provision that would have applied to
the employment of the child if the employer of the child were
bound by the comparable State award.
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Industrial Relations (Child Employment) Bill 2006 Clause 5
Minimum conditions of employment for children Part 2
(4) In determining whether or not an affected employer of a child has
provided the child with conditions of employment that, on balance,
result in a net detriment to the child when compared to the minimum
conditions of employment for the child, an industrial court is to take into
account the following matters:
(a) the no net detriment principles set by the Commission from time
to time,
(b) any other matter that the court considers relevant.
(5) For the avoidance of doubt, nothing in this section requires an affected
employer of a child to provide a condition of employment to the child if
the employer is already required to provide the same condition by or
under another law of the State.
5 Full Bench of Commission to set no net detriment principles
(1) A Full Bench of the Commission is required to set principles (the no net
detriment principles) to be followed by an industrial court in
determining whether or not an affected employer of a child has provided
the child with conditions of employment that, on balance, result in a net
detriment to the child when compared to the minimum conditions of
employment for the child.
(2) In determining those principles, the Full Bench of the Commission is to
have regard, in particular, to the following:
(a) evidence about the kinds of occupations and industries in which
children are employed,
(b) the State awards that apply to those occupations and industries,
(c) any industrial relations legislation that may apply generally to the
employment of children,
(d) any provisions of any such State awards or industrial relations
legislation that operate to provide conditions of employment that
are particularly important for ensuring the well-being of children
who are employed,
(e) the provision of any other laws of the State that may be relevant
to the employment of children or to their well-being while
employed (for example, laws dealing with occupational safety,
education or child protection).
Page 5
Clause 6 Industrial Relations (Child Employment) Bill 2006
Part 2 Minimum conditions of employment for children
(3) Without limiting subsection (1) or (2), the Full Bench of the
Commission may determine that a particular condition or conditions of
employment of the kind referred to in subsection (2) (d) is or are of such
importance for ensuring the well-being of children who are employed
that a failure to provide that condition or those conditions will of itself
result in a net detriment to the child when compared to the minimum
conditions of employment for the child.
(4) A Full Bench of the Commission is to review the no net detriment
principles at least once every 3 years.
(5) The no net detriment principles may be set or reviewed on the
application of the Minister or on the Commission's own initiative.
(6) Industrial organisations are entitled to be notified of any proceedings of
a Full Bench under this section and to make submissions on the setting
or review of the no net detriment principles.
(7) The Industrial Registrar is to publish the no net detriment principles:
(a) if Part 11 (NSW industrial relations website) of Chapter 4 (as
inserted by the Industrial Relations Further Amendment Act
2006) has not commenced--in the Industrial Gazette, or
(b) if that Part has commenced--on the NSW industrial relations
website.
(8) The initial no net detriment principles are to be set and published under
this section within 6 months after the commencement of this section.
6 Exhibition of comparable State awards in workplace
An affected employer of any child must cause a copy of the comparable
State award (or the latest official reprint of the award) that is applicable
for the purposes of section 4 to the employment of the child at any
premises to be exhibited in a conspicuous place at those premises.
Maximum penalty: 10 penalty units.
Note. Part 6 of Chapter 7 of the Industrial Relations Act 1996 (as applied to and
for the purposes of this Part by section 16) makes provision with respect to the
bringing of criminal and other legal proceedings.
7 Record-keeping requirements
(1) For each child for whom an employer is an affected employer, the
employer is to ensure that records are kept of the following matters:
(a) the name of the employer,
(b) the ACN (if any) and ABN of the employer,
(c) the name of the child,
(d) the date of birth of the child as provided to the employer,
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Industrial Relations (Child Employment) Bill 2006 Clause 8
Minimum conditions of employment for children Part 2
(e) the date on which the child's employment began,
(f) whether the child's employment is full-time or part-time,
(g) whether the child's employment is permanent, temporary or
casual,
(h) any remuneration paid to the child,
(i) the days on which the child works for the employer (including the
starting and finishing times and the total number of hours worked
on each day),
(j) if the child's employment is terminated--the date on which the
child's employment is terminated,
(k) such other matters concerning the employment of the child as
may be prescribed by the regulations.
(2) The records are to be kept in the manner and form prescribed by the
regulations.
(3) The employer must ensure that the records are kept for a period of at
least 6 years.
(4) The regulations may make provision for or with respect to the transfer
of any such records, or copies of any such records, to the successor of
an employer.
(5) A person who contravenes this section or the regulations under this
section is guilty of an offence.
Maximum penalty: 20 penalty units.
Note. The following provisions of the Industrial Relations Act 1996 (as applied
to and for the purposes of this Part by section 16) should be noted:
(a) Section 385 (as applied) enables an inspector to require an employer to
produce records required to be kept under this section to the inspector
for examination.
(b) Section 387 (as applied) makes it an offence to fail, without reasonable
excuse, to comply with a requirement of an inspector.
(c) Part 6 of Chapter 7 (as applied) makes provision with respect to the
bringing of criminal and other legal proceedings.
Division 2 Compliance notices
8 Issue of compliance notices
(1) If an inspector is of the opinion that an affected employer of a child:
(a) is contravening section 4, or
Page 7
Clause 9 Industrial Relations (Child Employment) Bill 2006
Part 2 Minimum conditions of employment for children
(b) has contravened section 4 in circumstances that make it likely
that the contravention will continue or be repeated,
the inspector may issue to the employer a notice (in the form, if any,
prescribed by the regulations) requiring the employer to remedy the
contravention or the matters occasioning it within the period specified
in the notice.
(2) The period within which an affected employer of a child is required by
a compliance notice to remedy a contravention or the matters
occasioning the contravention must be at least a period of 14 days after
the issue of the notice.
(3) However, an inspector may specify a period that is less than 14 days
after the issue of the compliance notice if satisfied that it is reasonably
practicable for the employer to comply with the requirements imposed
by the notice by the end of that period.
(4) A compliance notice must:
(a) state that the inspector is of the opinion referred to in subsection
(1), and
(b) state the reasons for that opinion, and
(c) include information about appeal rights under this Division
against the notice.
9 Compliance notices may include directions
(1) An inspector may include in a compliance notice directions as to the
measures to be taken to remedy any contravention or matter to which
the notice relates or to otherwise comply with the notice.
(2) Without limiting subsection (1), any such direction may offer the person
to whom it is issued a choice of ways in which to remedy the
contravention or matter or to comply with the notice.
10 Withdrawal of compliance notices
(1) A compliance notice may be withdrawn at any time by the inspector
who issued the notice (or by another inspector authorised to do so,
whether in the particular case or generally for the purposes of this
section, by the Director-General of the Department of Commerce) if the
inspector is satisfied that the notice was issued in error or is incorrect in
some respect.
(2) The withdrawal has effect when notice of the withdrawal is given to the
person to whom the notice was issued.
Page 8
Industrial Relations (Child Employment) Bill 2006 Clause 11
Minimum conditions of employment for children Part 2
11 Offence: refusal or failure to comply with compliance notice
An affected employer who, without reasonable excuse, refuses or fails
to comply with a requirement imposed by a compliance notice issued to
the employer is guilty of an offence.
Maximum penalty: 100 penalty units.
Note. Part 6 of Chapter 7 of the Industrial Relations Act 1996 (as applied to and
for the purposes of this Part by section 16) makes provision with respect to the
bringing of criminal and other legal proceedings.
12 Appeal to Industrial Court of New South Wales
(1) A person to whom a compliance notice is issued may appeal against the
notice to the Industrial Court of New South Wales.
(2) An appeal to the Industrial Court under this section does not operate to
stay the notice the subject of the appeal except as otherwise ordered by
the Court.
(3) The Industrial Court may, on the appeal, confirm the notice, vary it or
revoke it.
(4) If the Industrial Court confirms a compliance notice, the Court may also
in the same proceedings determine any application made under section
15 for a civil penalty in respect of the contravention of section 4 to
which the notice relates.
(5) Regulations may be made for or with respect to appeals under this
section, including the time and manner in which such an appeal is to be
made.
(6) Without limiting subsection (5), the regulations may apply (whether
with or without modification) provisions of the Industrial Relations Act
1996 and the regulations under that Act for or with respect to appeals
under this section.
13 Revocation or withdrawal of compliance notice does not prevent issue
of another notice
The revocation or withdrawal of a compliance notice does not prevent
the issue of another compliance notice.
14 Proceedings for offences or civil penalties not affected by compliance
notices
The issue, variation, revocation or withdrawal of a compliance notice
does not affect any proceedings for an offence against this Act or for the
recovery of a civil penalty in connection with any matter in respect of
which the notice was issued.
Page 9
Clause 15 Industrial Relations (Child Employment) Bill 2006
Part 2 Minimum conditions of employment for children
Division 3 Civil penalty
15 Civil penalty for contravention of section 4
(1) If an industrial court is satisfied that an affected employer of a child has
contravened section 4, it may order the employer to pay a pecuniary
penalty not exceeding $10,000 (a civil penalty).
(2) Proceedings for a civil penalty may be instituted by an inspector.
Note. A civil penalty may also be sought in proceedings on an appeal under
section 12. See section 12 (4).
(3) Proceedings for a civil penalty may be instituted within 6 years after the
contravention.
(4) To avoid doubt, the rules of evidence apply to proceedings for a civil
penalty.
(5) Evidence given in proceedings for the recovery of money under Part 2
of Chapter 7 of the Industrial Relations Act 1996 (as applied to and for
the purposes of this Part by section 16) is not admissible in proceedings
for a civil penalty.
(6) In determining the amount of the pecuniary penalty that an affected
employer of a child should be ordered to pay, the industrial court may
take into account any of the following matters:
(a) whether or not the employer has made a reasonable effort to
provide the child with the minimum conditions of employment
for the child,
(b) whether or not the child understood and consented to the
provision of the conditions of employment that the employer has
actually provided to the child,
(c) any other matter that the court considers relevant.
(7) In any proceedings for a civil penalty, the industrial court may award
costs to either party and assess the amount of those costs. Costs cannot
be awarded against the prosecutor except in the circumstances in which
costs can be awarded against the prosecutor in criminal proceedings.
(8) The following provisions apply to contraventions of section 4 and to
proceedings for a civil penalty for such a contravention in the same way
as they apply to criminal proceedings for an offence against the
Industrial Relations Act 1996:
(a) Sections 400-403 of the Industrial Relations Act 1996 (as applied
to and for the purposes of this Part by section 16).
(b) The provisions of any Act relating to the recovery of penalties
imposed for an offence.
Page 10
Industrial Relations (Child Employment) Bill 2006 Clause 16
Minimum conditions of employment for children Part 2
(c) Any provision of this or any other Act relating to criminal
proceedings that is applied to this section by the regulations
(whether with or without modification).
Division 4 Applied enforcement provisions
16 Applied provisions of Industrial Relations Act 1996
(1) The following provisions of the Industrial Relations Act 1996 and the
regulations made under that Act apply to and for the purposes of this
Part (the applied enforcement provisions):
(a) section 162A (Transfer of certain proceedings to Industrial
Magistrates),
(b) section 181 (2) (d),
(c) section 197 (Appeals from Local Court),
(d) Part 1 of Chapter 7 (Breach of industrial instruments), other than
sections 357 and 361,
(e) Part 2 of Chapter 7 (Recovery of remuneration and other
amounts), other than section 380,
(f) Part 4 of Chapter 7 (Inspectors and their powers),
(g) Part 5 of Chapter 7 (Evidentiary provisions),
(h) Part 6 of Chapter 7 (Criminal and other legal proceedings),
(i) any other provision prescribed by the regulations.
(2) Accordingly, the applied enforcement provisions have effect as if they
formed part of this Act.
(3) For the purposes of the application of the applied enforcement
provisions (but without limiting subsection (6)), a reference in the
applied enforcement provisions:
(a) to this Act (that is, the Industrial Relations Act 1996) is to be read
as a reference to this Part, and
(b) to the regulations is to be read as including a reference to the
regulations under this Act made for the purposes of this Part, and
(c) to the industrial relations legislation is to be read as including a
reference to this Part, and
(d) to an industrial court is to be read as a reference to an industrial
court within the meaning of this Act, and
(e) to employment is to be read as a reference to employment of a
child to which section 4 of this Act applies, and
(f) to an employer is to be read as a reference to an affected employer
of a child, and
Page 11
Clause 16 Industrial Relations (Child Employment) Bill 2006
Part 2 Minimum conditions of employment for children
(g) to employees is to be read as a reference to children to whose
employment section 4 of this Act applies, and
(h) to a civil penalty is to be read as a reference to a civil penalty
imposed under section 15 of this Act, and
(i) to the recovery of money under Part 2 of Chapter 7 is to be read
as a reference to the recovery of money under Part 2 of that
Chapter (as applied to and for the purposes of this Part by this
section), and
(j) to an industrial instrument is to be read as including a reference
to section 4 to the extent that it requires an employer of a child to
provide the minimum conditions of employment for the child or
conditions of employment that do not, on balance, result in a net
detriment to the child when compared with the minimum
conditions of employment for the child,
as the case requires.
(4) Without limiting subsections (3) and (6), a reference in Part 2 of
Chapter 7 (Recovery of remuneration and other amounts) of the
Industrial Relations Act 1996 (as applied to and for the purposes of this
Part by this section) to an amount payable under an industrial
instrument is to be read as a reference to an amount payable to a child
under the minimum conditions of employment for the child in
circumstances where the employer has contravened section 4.
(5) Section 153 (1) of the Industrial Relations Act 1996 applies to
proceedings under Part 1 or Part 2 of Chapter 7 of that Act (as applied
to and for the purposes of this Part by this section) in the same way as it
applies to proceedings under those Parts apart from this section.
(6) The applied enforcement provisions have effect subject to such
modifications as are prescribed by this Part or the regulations.
(7) Nothing in this section authorises the Industrial Court of New South
Wales to transfer any proceedings under this Act to a Local Court
constituted by an Industrial Magistrate sitting alone unless the no net
detriment principles have been set and published under section 5.
(8) Unless the regulations provide otherwise, nothing in this section
prevents the application of provisions of the Industrial Relations Act
1996 that would be applicable to a matter arising under this Part
(including the exercise of a function conferred or imposed on the
Commission by or under this Part) apart from this section.
Note. For example, nothing in this section limits the application of the provisions
of the Industrial Relations Act 1996 dealing with the constitution of the
Commission, its practice and procedure and appeals from its decisions.
Page 12
Industrial Relations (Child Employment) Bill 2006 Clause 17
Unfair dismissal of children by constitutional corporations Part 3
Part 3 Unfair dismissal of children by constitutional
corporations
17 Unfair dismissal of children employed by constitutional corporations
(1) This section applies to any dismissal by a constitutional corporation, on
or after the introduction day, of a child from employment by the
corporation.
(2) The following provisions of the Industrial Relations Act 1996 and the
regulations made under that Act apply to and for the purposes of any
dismissal of a child from employment to which this section applies (the
applied unfair dismissal provisions):
(a) Part 6 (Unfair dismissals) of Chapter 2, other than section 83
(1A),
(b) section 181 (2) (c) and (c1),
(c) any other provision prescribed by the regulations.
(3) Accordingly, the applied unfair dismissal provisions have effect as if
they formed part of this Act.
(4) For the purposes of the application of the applied unfair dismissal
provisions (but without limiting subsection (6)), a reference in the
applied unfair dismissal provisions:
(a) to employment is to be read as a reference to employment of a
child by a constitutional corporation, and
(b) to an employer is to be read as a reference to an employer that is
a constitutional corporation, and
(c) to employees is to be read as a reference to children who are
employed by a constitutional corporation, and
(d) to proceedings under Part 6 of Chapter 2 is to be read as a
reference to proceedings under Part 2 of that Chapter (as applied
by this section to and for the purposes of any dismissal of a child
from employment to which this section applies), and
(e) to an industrial instrument is to be read as a reference to a State
industrial instrument,
as the case requires.
(5) Section 153 (1) of the Industrial Relations Act 1996 applies to
proceedings under Part 6 of Chapter 2 of that Act (as applied by this
section to and for the purposes of any dismissal of a child from
employment to which this section applies) in the same way as it applies
to proceedings under that Part apart from this section.
Page 13
Clause 17 Industrial Relations (Child Employment) Bill 2006
Part 3 Unfair dismissal of children by constitutional corporations
(6) The applied unfair dismissal provisions have effect subject to such
modifications as are prescribed by this Part or the regulations.
(7) Unless the regulations provide otherwise, nothing in this section
prevents the application of provisions of the Industrial Relations Act
1996 that would be applicable to a matter arising under this Part
(including the exercise of a function conferred or imposed on the
Commission by or under this Part) apart from this section.
Note. For example, nothing in this section limits the application of the provisions
of the Industrial Relations Act 1996 dealing with the constitution of the
Commission, its practice and procedure and appeals from its decisions.
Page 14
Industrial Relations (Child Employment) Bill 2006 Clause 18
Miscellaneous Part 4
Part 4 Miscellaneous
18 Act to bind Crown
This Act binds the Crown in right of New South Wales and, in so far as
the legislative power of the Parliament of New South Wales permits, the
Crown in all its other capacities.
19 Relationship with other legislation
The provisions of this Act are in addition to, and do not derogate from,
the provisions of the following legislation with respect to the
employment of children to the extent that the provisions of such
legislation would apply to such employment apart from this Act:
(a) the industrial relations legislation,
(b) the Industrial Relations (Ethical Clothing Trades) Act 2001,
(c) the Children and Young Persons (Care and Protection) Act 1998,
(d) the Apprenticeship and Traineeship Act 2001,
(e) a statutory rule made under an Act referred to in paragraph (b),
(c) or (d),
(f) any other Act or statutory rule prescribed by the regulations.
20 Giving of notices and other documents
(1) For the purposes of this Act, a notice or other document may be given
to a person (or a notice or other document may be served on a person):
(a) in the case of a natural person:
(i) by delivering it to the person personally, or
(ii) by sending it by post to the address specified by the person
for the giving or service of documents or, if no such
address is specified, the residential or business address of
the person last known to the person giving or serving the
document, or
(iii) by sending it by facsimile transmission to the facsimile
number of the person, or
(b) in the case of a body corporate:
(i) by leaving it with a person apparently of or above the age
of 16 years at, or by sending it by post to, the head office,
a registered office or a principal office of the body
corporate or to an address specified by the body corporate
for the giving or service of documents, or
(ii) by sending it by facsimile transmission to the facsimile
number of the body corporate.
Page 15
Clause 21 Industrial Relations (Child Employment) Bill 2006
Part 4 Miscellaneous
(2) Nothing in this section affects the operation of any provision of a law or
of the rules of a court authorising a document to be served on a person
in any other manner.
21 Regulations
The Governor may make regulations, not inconsistent with this Act, for
or with respect to any matter that by this Act is required or permitted to
be prescribed or that is necessary or convenient to be prescribed for
carrying out or giving effect to this Act.
22 Savings, transitional and other provisions
Schedule 1 has effect.
23 Consequential amendment of Industrial Relations Act 1996 No 17
The Industrial Relations Act 1996 is amended by inserting "Industrial
Relations (Child Employment) Act 2006" after "Essential Services Act
1988" in section 382 (1).
24 Review of Act
(1) The Minister is to review this Act to determine whether the policy
objectives of the Act remain valid and whether the terms of the Act
remain appropriate for securing those objectives.
(2) The review is to be undertaken as soon as possible after the period of 5
years from the date of assent to this Act.
(3) A report on the outcome of the review is to be tabled in each House of
Parliament within 12 months after the end of the period of 5 years.
Page 16
Industrial Relations (Child Employment) Bill 2006
Savings, transitional and other provisions Schedule 1
Schedule 1 Savings, transitional and other
provisions
(Section 22)
Part 1 General
1 Regulations
(1) The regulations may contain provisions of a savings or transitional
nature consequent on the enactment of the following Acts:
this Act
(2) Any such provision may, if the regulations so provide, take effect from:
(a) the introduction day (in the case of this Act), or
(b) the date of assent to the Act concerned (in the case of any other
Act),
or a later date.
(3) To the extent to which any such provision takes effect from a date that
is earlier than the date of its publication in the Gazette, the provision
does not operate so as:
(a) to affect, in a manner prejudicial to any person (other than the
State or an authority of the State), the rights of that person
existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an
authority of the State) in respect of anything done or omitted to
be done before the date of its publication.
Page 17
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