Commonwealth Numbered Regulations

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WORKPLACE RELATIONS REGULATIONS 2006 (SLI NO 52 OF 2006) - REG 2.19.36

Transmission of business

         (1)   This regulation applies if:

                (a)    a person (the new record keeper ) becomes a successor, transmittee or assignee of the whole, or a part, of a business of another person (the old record keeper ) ; and

               (b)    contract work was done for the business or part of the business of the old record keeper; and

                (c)    after the succession, transmission or assignment the contract outworker who performed the work performs contract work for the new record keeper.

         (2)   Subject to subregulation (3), the old record keeper must transfer to the new record keeper all outworker records concerning the contract outworker that under Division 2 the record keeper is required to keep.

         (3)   If the old record keeper is a Commonwealth authority, the old record keeper only has to provide copies of those records.

         (4)   The new record keeper who receives transferred records must keep the records as if they had been made by the new record keeper at the time they were made by the old record keeper.

         (5)   The new record keeper is not required to make outworker records of contract work performed for the old record keeper.

         (6)   Strict liability applies to the physical elements in subregulations (2), (4) and (5).

Note    For strict liability , see section 6.1 of the Criminal Code .

         (7)   Subregulations (2), (4) and (5) are civil remedy provisions.



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