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INDUSTRIAL RELATIONS (TRANSPARENCY AND ACCOUNTABILITY OF INDUSTRIAL
ORGANISATIONS) AND OTHER ACTS AMENDMENT ACT 2013 NO. 29
TABLE OF PROVISIONS
Contents
Part 1--Preliminary
1. Short title
2. Commencement
Part 2--Amendment of Industrial Relations Act 1999
3. Act amended
3A. Amendment of s 8 (Provisions about appointments and procedures)
4. Omission of s 110 (Encouragement provisions permitted)
4A. Amendment of s 233 (Enforcing commission's orders)
4B. Amendment of ch 8, pt 1, div 2, hdg (President)
4C. Insertion of new ss 242C–242G
4D. Amendment of s 243 (President of the court)
4E. Amendment of s 246 (Acting president of the court)
4F. Insertion of new ss 246A–246E
4G. Replacement of s 247 (Constitution of court)
4H. Amendment of s 248 (Court's jurisdiction)
4I. Amendment of s 256 (Composition)
4J. Replacement of ss 257 and 258
4K. Amendment of s 258A (Deputy presidents of the commission)
4L. Amendment of s 259 (Commissioners)
4M. Amendment of s 259A (Commissioner may be appointed ombudsman)
4N. Amendment of s 260 (When commissioner holds office)
4O. Replacement of s 261 (Acting vice-president, deputy president or other commissioner)
4P. Amendment of s 262 (Restrictions on appointment)
4Q. Amendment of s 263 (Removal of commissioners from office)
4R. Amendment of s 264 (Administrative responsibilities for the commission and registry)
4S. Amendment of s 281 (Reference to full bench)
4T. Amendment of s 299 (Functions and powers of registrar)
4U. Amendment of s 306 (Appointment of Commonwealth official as commissioner)
4V. Amendment of s 307 (Role of dual commissioner)
4W. Amendment of s 308 (Reference of matter to a Commonwealth official)
4X. Amendment of s 309 (Conferences with industrial authorities)
4Y. Amendment of s 310 (Joint sessions with industrial authorities)
4Z. Amendment of s 318 (Service of process)
5. Amendment of s 319 (Representation of parties)
5A. Amendment of s 323 (Adjournment by registrar)
5B. Amendment of s 326 (Interlocutory proceedings)
5C. Amendment of s 337 (Protections and immunities)
5D. Insertion of new s 337A
5E. Amendment of s 338 (Rules)
5F. Amendment of s 339 (Directions about practice)
5G. Amendment of s 340 (Appeal from court or full bench)
5H. Amendment of s 341 (Appeal from commission, magistrate or registrar)
6. Amendment of s 351 (Functions)
7. Amendment of s 365 (Revocation and suspending industrial officer's authorisation)
8. Amendment of s 366 (Time and wages record—industrial instrument employees)
9. Amendment of s 367 (Time and wages record—non-industrial instrument employees)
10. Insertion of new s 370A
11. Amendment of s 372 (Right of entry—authorised industrial officer)
12. Insertion of new ss 372A and 372B
13. Amendment of s 373 (Right to inspect and request information—authorised industrial officer)
14. Insertion of new s 390A
15. Amendment of s 391 (Wages etc. to be paid without deduction)
16. Amendment of s 396A (Recovery of health employment overpayments)
17. Amendment of s 396B (Recovery of health employment transition loans)
18. Insertion of new ss 396C and 396D
19. Amendment of ch 12, pt 9, div 3, hdg (Officers' financial management duties)
20. Amendment of s 526 (Application of div 3)
21. Replacement of s 527 (Duty of honesty)
22. Amendment of s 528 (Duty of reasonable care and diligence)
23. Amendment of s 529 (Officers with material personal interests)
23A. Insertion of new ch 12, pt 9, divs 4 and 5
27. Replacement of ch 12, pt 12, hdg (Accounts and audit)
28. Amendment of s 551 (Definitions for pt 12)
29. Insertion of new ch 12, pt 12, divs 1A and 1B
30. Insertion of new ch 12, pt 12, divs 2A and 2B
31. Amendment of s 558 (Obligation to have auditor)
32. Amendment of s 560 (Requirements for audit report)
33. Amendment of s 563 (Auditor's powers)
34. Amendment of s 564 (Auditors have qualified privilege)
35. Replacement of ch 12, pt 12, div 4, hdg (Presentation and filing of audit reports)
36. Replacement of s 565 (Obligation to present to general or committee meeting)
37. Amendment of s 566 (Obligation to publish audit report and accounts)
38. Amendment of s 568 (Auditor may attend meetings)
39. Amendment of s 569 (False or misleading statements about reports)
40. Amendment of s 570 (Report and accounts must be filed)
41. Insertion of new ch 12, pt 12, div 5, sdiv 1
42. Insertion of new ch 12, pt 12, div 5, sdiv 2 hdg
43. Replacement of s 571 (Registrar's investigations)
44. Replacement of s 572 hdg (Registrar's directions for investigation)
45. Insertion of new s 572A
46. Insertion of new s 574A
47. Insertion of new ch 12, pt 12, div 5, sdiv 3 hdg
48. Amendment of s 575 (Registrar's examinations and audits)
49. Omission of ch 12, pt 12, div 6 (Loans, grants and donations)
50. Insertion of new ch 12, pt 12A
51. Omission of ch 12, pt 13, div 1, sdiv 3 (Exemption from accounting or audit provisions)
52. Amendment of s 590 (Who may apply)
53. Amendment of s 591 (Grant of exemption)
54. Replacement of s 592 (Obligation to file copies of reports under other Act or law)
55. Insertion of new ch 12, pt 15A
56. Insertion of new s 655A
56A. Amendment of s 679 (Confidential material tendered in evidence)
57. Amendment of s 691C (Particular provisions are of no effect)
57A. Amendment of s 708 (Approved forms)
58. Insertion of new ch 20, pt 16
58A. Amendment of sch 2 (Appointments)
59. Amendment of sch 5 (Dictionary)
Part 2A--Amendment of Anti-Discrimination Act 1991
59A. Act amended
59B. Amendment of s 106A (Compulsory retirement age under legislation etc.)
Part 2B--Amendment of Commissions of Inquiry Act 1950
59C. Act amended
59D. Amendment of s 4A (Interaction of commission with courts etc.)
Part 2C--Amendment of Corrective Services Act 2006
59E. Act amended
59F. Amendment of s 209 (Automatic cancellation of order by further imprisonment)
Part 2D--Amendment of Criminal Code
59G. Code amended
59H. Amendment of s 227C (Persons who are not criminally responsible for offences against ss 227A and 227B)
59I. Amendment of s 552H (Maximum penalty for indictable offences dealt with summarily)
Part 2E--Amendment of Drug Court Act 2000
59J. Act amended
59K. Amendment of s 12A (Application of pt 3A)
59L. Amendment of s 12B (Referral for indicative assessment)
59M. Insertion of new s 12E
59N. Amendment of s 13 (Application of pt 4)
59O. Amendment of s 15 (Deciding whether to refer for assessment)
59P. Amendment of s 16 (Referral for assessment)
59Q. Amendment of s 16A (Assessment report)
59R. Insertion of new s 16C
59S. Amendment of s 17 (Application of pt 5)
59T. Amendment of s 29 (Dealing with offenders if no intensive drug rehabilitation order made)
59U. Amendment of s 33 (Amending intensive drug rehabilitation orders)
59V. Amendment of s 34 (Terminating rehabilitation programs)
59W. Omission of s 35A (Inclusion of new rehabilitation program)
59X. Amendment of s 36 (Final sentence to be decided on completion or termination of rehabilitation program)
59Y. Amendment of s 40 (Arrest warrants)
59Z. Insertion of new s 40A
59ZA. Insertion of new s 45
59ZB. Amendment of schedule (Dictionary)
Part 2F--Amendment of Judicial Remuneration Act 2007
59ZC. Act amended
59ZD. Amendment of s 12 (Presidential members of the Industrial Commission)
59ZE. Amendment of s 13 (Commissioner other than a presidential member of the Industrial Commission)
59ZF. Amendment of s 16 (Jurisprudential allowance)
59ZG. Amendment of s 20 (Education and conference allowance)
59ZH. Amendment of s 22 (Long leave allowance)
59ZI. Amendment of s 29 (Notice of election)
59ZJ. Amendment of sch 2 (Dictionary)
Part 2G--Amendment of Justices Act 1886
59ZK. Act amended
59ZL. Amendment of s 154 (Copies of record)
Part 2H--Amendment of Local Government Act 2009
59ZM. Act amended
59ZN. Amendment of s 185 (Remuneration and appointment conditions of members)
Part 2I--Amendment of Penalties and Sentences Act 1992
59ZO. Act amended
59ZP. Insertion of new pt 14, div 6
Part 3--Amendment of Public Service Act 2008
60. Act amended
60A. Amendment of s 13 (Act does not apply to particular offices and employment)
61. Amendment of s 88AA (Definition for pt 5)
62. Amendment of s 88A (Appeals officers)
63. Insertion of new s 88B
64. Amendment of s 88C (Appeals officer's function)
65. Amendment of s 203 (Appeals officer may decide procedures)
66. Insertion of new ss 203A and 203B
67. Amendment of s 214A (Protection of appeals officials from liability)
68. Insertion of new ch 9, pt 10
69. Amendment of sch 4 (Dictionary)
Part 3A--Amendment of Residential Tenancies and Rooming Accommodation Act 2008
69A. Act amended
69B. Omission of s 42 (Intensive drug rehabilitation order)
Part 3B--Amendment of Trading (Allowable Hours) Act 1990
69C. Act amended
69D. Amendment of s 4 (Meaning of terms)
Part 4--Amendment of Workers' Compensation and Rehabilitation Act 2003
70. Act amended
71. Amendment of s 11 (Who is a worker)
72. Amendment of s 30 (Who is an employer)
73. Amendment of s 66 (Employer's liability for excess period)
74. Amendment of s 585 (Entitlements to compensation under contract of employment prohibited and void)
75. Insertion of new ch 29
76. Amendment of sch 2 (Who is a worker in particular circumstances)
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