Schedule 2 Amendment of other legislation
2.1 Annual Holidays Act 1944 No 31
[1] Section 12 Proceedings for recovery of penalties
Omit “before a Local Court or” from section 12 (1).
Omit “Local Court or” wherever occurring.
[3] Sections 13 (1) and 14 (d)
Insert “sitting at a designated place as referred to in section 405A of the Industrial Relations Act 1996” after “a Local Court” wherever occurring.
2.2 Apprenticeship and Traineeship Act 2001 No 80
[1] Section 73 Proceedings for offences
Omit “a Local Court constituted by a Magistrate sitting alone” from section 73 (1).Insert instead “the Industrial Relations Commission in Court Session”.
Omit the note.
Omit “, a licensing magistrate under the Liquor Act 1982, a Children’s Magistrate or an industrial magistrate under the Industrial Relations Act 1996” from the definition of magistrate in section 4 (1).Insert instead “or a Children’s Magistrate”.
2.4 Building and Construction Industry Long Service Payments Act 1986 No 19
[1] Section 64 Proceedings for offences
Omit “a Local Court” from section 64 (1).Insert instead “the Industrial Relations Commission in Court Session”.
Omit the subsection.
2.5 Court Security Act 2005 No 1
Omit “(including a Local Court constituted by an Industrial Magistrate)” from paragraph (g) of the definition of court in section 4 (1).
2.6 Criminal Procedure Act 1986 No 209
Omit the definition of Industrial Magistrate from section 3 (1).
[2] Section 28 Application of Part and definition
Omit “an Industrial Magistrate,” from the definition of Judge in section 28 (2).
Omit section 170 (2) (c) and (2A) (d).
Omit “and includes (where applicable) an Industrial Magistrate” from the definition of court.
[5] Section 171, definition of “Magistrate”
Omit “an Industrial Magistrate and any other”. Insert instead “any”.
[6] Section 171, definition of “registrar”
Omit paragraph (c).
Omit “and an Industrial Magistrate” from the definition of Judge.
[8] Section 312 Persons arrested under bench warrants
Omit “and an Industrial Magistrate” from section 312 (3).
2.7 Dangerous Goods (Road and Rail Transport) Act 2008 No 95
Sections 35 (1) (b), 36 (1) (b) and 45 (1) (b)
Omit “constituted by an Industrial Magistrate sitting alone” wherever occurring.Insert instead “sitting at a designated place as referred to in section 405A of the Industrial Relations Act 1996 or the Industrial Relations Commission in Court Session”.
2.8 Employment Protection Act 1982 No 122
Section 19 Proceedings for offences
Omit section 19 (1) and (2). Insert instead:(1) Proceedings for an offence against this Act or the regulations are to be dealt with summarily before the Industrial Relations Commission in Court Session.
2.9 Entertainment Industry Act 1989 No 230
Section 63 Proceedings for offences
Omit “an industrial magistrate or a Local Court” from section 63 (2).Insert instead “the Industrial Relations Commission in Court Session”.
2.10 Essential Services Act 1988 No 41
Section 31 Proceedings for offences
Omit “a local court”.Insert instead “the Industrial Relations Commission in Court Session”.
2.11 Industrial Relations (Child Employment) Act 2006 No 96
Omit “constituted specially for the purposes of this Act by an Industrial Magistrate sitting alone” from paragraph (b) of the definition of industrial court in section 3 (1).Insert instead “sitting at a designated place as referred to in section 405A of the Industrial Relations Act 1996”.
[2] Section 16 Applied provisions of Industrial Relations Act 1996
Omit “(Transfer of certain proceedings to Industrial Magistrates)” from section 16 (1) (a).
Omit “constituted by an Industrial Magistrate sitting alone”.Insert instead “sitting at a designated place as referred to in section 405A of the Industrial Relations Act 1996”.
2.12 Industrial Relations (General) Regulation 2001
Clause 43 Industrial Magistrate—civil procedure
Omit the clause.
2.13 Judicial Officers Act 1986 No 100
Omit “and an industrial magistrate” from the definition of Magistrate in section 3 (1).
2.14 Long Service Leave Act 1955 No 38
[1] Section 11 Recovery of penalties
Omit “a Local Court constituted by a Magistrate sitting alone” from section 11 (1).Insert instead “the Industrial Relations Commission in Court Session”.
Omit “Local Court”. Insert instead “Industrial Relations Commission”.
Omit “Local Court before whom such proceedings are taken”.Insert instead “Industrial Relations Commission in Court Session”.
[4] Section 12 Recovery of long service leave pay
Omit “constituted by a Magistrate sitting alone” from section 12 (1).Insert instead “sitting at a designated place as referred to in section 405A of the Industrial Relations Act 1996”.
[5] Section 14 Provisions as to enforcement of orders, appeals etc
Insert “sitting at a designated place as referred to in section 405A of the Industrial Relations Act 1996” after “Local Court” in section 14 (c).(Repealed)
2.17 Shop Trading Act 2008 No 49
Section 16 Proceedings for offences
Insert “before the Industrial Relations Commission in Court Session” after “summarily”.
2.18 Statutory and Other Offices Remuneration Act 1975 (1976 No 4)
Omit the matter relating to the office of Chief Industrial Magistrate.
2.19 Workers Compensation Act 1987 No 70
[1] Section 58 Refund of weekly payments paid after return to work etc
Omit section 58 (9).
[2] Section 156 Recovery of double premiums for contravention of insurance requirements
Omit section 156 (7).
[3] Section 175 Employers evading payment of correct premiums
Omit section 175 (7B).
2.20 Workplace Injury Management and Workers Compensation Act 1998 No 86
Omit the section. Insert instead:(1) Proceedings for an offence against this Act, the 1987 Act or the regulations under those Acts are to be dealt with summarily before the Industrial Relations Commission in Court Session.(2) Any such proceedings may be instituted by (but not only by) the Authority.