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Workers Compensation and Other Legislation Amendment Act 2004 No 111


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Status Information

Currency of version
Current version for 1 July 2005 to date (accessed 25 November 2009 at 23:10).
Legislation on this site is usually updated within 3 working days after a change to the legislation.

Provisions in force
The provisions displayed in this version of the legislation have all commenced. See Historical notes

Note:
The Act was repealed by Sch 4 to the Statute Law (Miscellaneous Provisions) Act (No 2) 2005 No 98 with effect from 24.11.2005.

Authorisation: This version of the legislation is compiled and maintained in a database of legislation by the Parliamentary Counsel's Office and published on the NSW legislation website, and is certified as the form of that legislation that is correct under section 45C of the Interpretation Act 1987.

File last modified 24 November 2005.


NSW Crest


An Act to make miscellaneous amendments to legislation dealing with workers compensation and occupational health and safety; and for other purposes.

1   Name of Act

This Act is the Workers Compensation and Other Legislation Amendment Act 2004.

2   Commencement

(1)  This Act commences on the date of assent, except as provided by subsection (2).
(2)  Schedule 2 [3] commences on a day to be appointed by proclamation.

3   Amendment of Acts and Regulation

The Acts and Regulation specified in Schedules 1–6 are amended as set out in those Schedules.

Schedule 1 (Repealed)

Schedule 2 Amendment of Workers Compensation Act 1987 No 70

(Section 3)

[1], [2]   (Repealed)

[3]   Section 163B

Insert after section 163A:
  

163B   Issue of stop work order to uninsured employer

(1)  The Authority or an authorised officer may issue a stop work order in writing to an employer (other than an employer who is a self-insurer) if the Authority or authorised officer reasonably suspects that the employer does not have a policy of insurance that complies with this Division.
(2)  A stop work order takes effect at the beginning of the fifth working day after the day on which it is given to the employer and may be withdrawn at any time by the Authority or an authorised officer.
(3)  A stop work order is to be withdrawn by the Authority or an authorised officer as soon as practicable after the employer to whom the order has been issued produces a certificate of currency in accordance with section 163A.
(4)  After a stop work order takes effect, the employer to whom it has been issued must (until the order is withdrawn) ensure that no work is performed for the employer by any worker of the employer.

Maximum penalty: 500 penalty units or imprisonment for 6 months, or both.

(5)  In this section:

authorised officer has the same meaning as in section 238 of the 1998 Act.

[4], [5]   (Repealed)

Schedules 3–6 (Repealed)

Historical notes

The following abbreviations are used in the Historical notes:

Am

amended

LW

legislation website

Sch

Schedule

Cl

clause

No

number

Schs

Schedules

Cll

clauses

p

page

Sec

section

Div

Division

pp

pages

Secs

sections

Divs

Divisions

Reg

Regulation

Subdiv

Subdivision

GG

Government Gazette

Regs

Regulations

Subdivs

Subdivisions

Ins

inserted

Rep

repealed

Subst

substituted

Table of amending instruments

Workers Compensation and Other Legislation Amendment Act 2004 No 111. Second reading speech made: Legislative Assembly, 19.11.2004; Legislative Council, 10.12.2004. Assented to 15.12.2004. Date of commencement, Sch 2 [3] excepted, assent, sec 2 (1); date of commencement of Sch 2 [3], 16.9.2005, sec 2 (2) and GG No 116 of 16.9.2005, p 7433. This Act has been amended as follows:

2005

No 64

Statute Law (Miscellaneous Provisions) Act 2005. Assented to 1.7.2005.
Date of commencement of Sch 3, assent, sec 2 (1).

Table of amendments

Sch 1

Rep 2005 No 64, Sch 3.

Sch 2

Am 2005 No 64, Sch 3.

Schs 3–6

Rep 2005 No 64, Sch 3.

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