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WAGE THEFT ACT 2020 (NO. 21 OF 2020)
TABLE OF PROVISIONS
PART 1--PRELIMINARY
1. Purposes
2. Commencement
3. Definitions
4. Act binds the Crown
5. Application of Act
PART 2--WAGE THEFT OFFENCES
6. Dishonest withholding of employee entitlements
7. Falsification of employee entitlement record
8. Failure to keep employee entitlement record
9. Complicity in commission of offence
10. Body corporate liability for offence by officer
11. Attribution to body corporate of conduct, knowledge, intention and belief of officers and associates
12. Factors relevant to corporate culture in body corporate
13. Officers' liability for employee entitlement offence
14. Offences by partnerships and partners
15. Offences by unincorporated associations
16. Responsible agency for the Crown
17. Proceedings against successors to public bodies
18. Maximum fine for body corporate for indictable offence heard and determined summarily
PART 3--WAGE INSPECTORATE VICTORIA AND COMMISSIONER
Division 1--The Wage Inspectorate Victoria
19. Establishment of the Wage Inspectorate Victoria
20. Functions of the Wage Inspectorate Victoria
21. Powers of the Wage Inspectorate Victoria
22. Guiding principles of the Wage Inspectorate Victoria
23. Staff of the Wage Inspectorate Victoria
24. Ministerial directions
Division 2--Commissioner of the Wage Inspectorate Victoria
25. Appointment of Commissioner
26. Terms and conditions of appointment
27. Vacancy and resignation
28. Removal from office
29. Acting appointment
30. Functions and powers of Commissioner
31. Power to delegate
PART 4--INVESTIGATIONS BY THE WAGE INSPECTORATE VICTORIA
Division 1--Investigating employee entitlement offences
32. Wage Inspectorate Victoria may investigate possible employee entitlement offences
33. Appointment of inspectors
34. Identity cards
35. Inspectors subject to Wage Inspectorate Victoria's directions
36. Inspectors may perform functions and exercise powers for certain purposes
37. Inspectors may exercise powers only at certain premises
Division 3--Entry, search and seizure with consent
38. Entry, search and seizure with consent
39. Entry of premises open to the public
Division 4--Entry, search and seizure without consent or warrant
40. Limited power of entry, search and seizure without consent or search warrant
41. Notice requirements
42. Report to Victorian Inspectorate
43. Entry without consent or warrant
44. Search warrants
45. Form and content of search warrants
46. Announcement before entry
47. Seizure of document or other things not described in the warrant
Division 6--Production of documents and records
48. Power to require production of documents and answer questions
49. Privilege against self-incrimination abrogated in respect of production of documents
50. Retention and return of seized documents or things
51. Magistrates' Court may extend 3 month period
Division 8--Power of the Wage Inspectorate Victoria to require attendance, etc.
52. Wage Inspectorate Victoria may compel production of documents and other things or attendance
53. Additional notice requirements
54. Report to Victorian Inspectorate
55. Privilege against self-incrimination abrogated in respect of production of documents
56. Notice given to person under 16 years
57. Provisions relating to attendances
58. Audio or video recording of attendances
59. Power to take evidence on oath or affirmation
60. Powers in relation to documents and other things
61. Legal representation of persons attending and other persons
62. Part does not require disclosure of privileged information
Division 1--Enforceable undertakings
63. Wage Inspectorate Victoria may accept an undertaking
64. Certain actions prohibited while undertaking is in force or is complied with
65. Failure to comply with enforceable undertakings
Division 2--Offences
66. Offences relating to hindering or obstructing inspectors, etc.
67. Offence relating to allowing entry of person assisting an inspector
68. Offence to fail to take oath, make affirmation or answer question
69. Offence for failure to attend, etc.
70. Offence to give false or misleading information
Division 3--Referrals
71. Referral to the Office of Public Prosecutions
72. Consultation prior to referral
73. Information to be provided with referral
Division 4--Other general matters
74. Validity of acts and decisions
75. Immunity for carrying out functions
76. Prohibition of discrimination against a person for complying with Act
77. Confidentiality
78. Conduct of officers, employees and agents of bodies corporate
79. Regulations
PART 6--CONSEQUENTIAL AMENDMENTS
Division 1--Amendment of the Criminal Procedure Act 2009
80. Course of conduct charge
81. Indictable offences that may be heard and determined summarily
Division 2--Amendment of the Sentencing Act 1991
82. Restitution order
83. Enforcement of restitution order
Division 3--Amendment of the Victorian Inspectorate Act 2011
84. Definitions
85. Objects of Act
86. Functions of the Victorian Inspectorate
87. Delegation
88. New section 42D inserted
89. Own motion investigation
90. Conduct of investigations
91. Requirement to provide assistance
92. Conduct of inquiry
93. Powers of entry, inspection and seizure
94. New sections 85F and 85G inserted
95. Recommendations must not include information likely to identify person who makes an assessable disclosure
96. Outcome of investigation
97. Matters to be included in annual report
98. Exemption from Freedom of Information Act 1982
Division 4--Amendment of the Public Administration Act 2004
99. Persons with functions of public service body Head
Division 5--Repeal of this Part
100. Repeal of this Part
ENDNOTES
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