Commonwealth Consolidated Acts

FAIR WORK (STATE REFERRAL AND CONSEQUENTIAL AND OTHER AMENDMENTS) ACT 2009 - SCHEDULE 14

Part   1 -- Consequential amendments

Independent Contractors Act 2006

1   Section   4

Insert:

"Fair Work Inspector" has the same meaning as in the Fair Work Act 2009 .

2   Section   4 (definition of organisation )

Repeal the definition, substitute:

"organisation" means an organisation that is registered or an association that is recognised under the Fair Work (Registered Organisations) Act 2009 .

3   Section   4 (definition of workplace inspector )

Repeal the definition.

4   Section   6 (definition of State or Territory industrial law )

Repeal the definition, substitute:

"State or Territory industrial law" has the same meaning as in the Fair Work Act 2009 .

5   Subparagraph 8(1)(h)(i)

Repeal the subparagraph, substitute:

  (i)   the Fair Work Act 2009 ; or

  (ia)   the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 ; or

6   Subparagraph 9(1)(e)(i)

Repeal the subparagraph, substitute:

  (i)   the Fair Work Act 2009 ; or

  (ia)   the Workplace Relations Act 1996 , as in force at any time before the WR Act repeal day, or as that Act applies after that day because of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 ; or

7   Subparagraph 9(1)(e)(iii)

After "(i)", insert ", (ia)".

8   At the end of section   9

Add:

  (3)   In this section:

"WR Act repeal day" has the meaning given by Schedule   2 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 .

9   Paragraph 34(5)(a)

Repeal the paragraph, substitute:

  (a)   a Fair Work Inspector; or

10   Subsection 34(7)

Omit "Division   3 of Part   14 of the Workplace Relations Act 1996 ", substitute "Division   4 of Part   4 - 1 of the Fair Work Act 2009 ".

Part   2 -- Transitional provision

11   Transitional provision

Despite the amendment of subsection 34(7) of the Independent Contractors Act 2006 made by item   10, Division   3 of Part   14 of the Workplace Relations Act 1996 , as in force immediately before the commencement of this item, continues to have effect on and after that commencement in relation to a breach, or suspected breach, of subsection 34(1) or (2) of the Independent Contractors Act 2006 that was committed before the commencement of this item.