Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_102j
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 102J
Character Range: 316226–317661

102J  Lodging of variation documents with the Employment Advocate

 (1) The employer in relation to a variation to a workplace agreement lodges the variation with the Employment Advocate if:
 (a) the employer lodges a declaration under subsection (2); and
 (b) a copy of the variation is annexed to the declaration.

 (2) An employer lodges a declaration with the Employment Advocate if:
 (a) the employer gives it to the Employment Advocate; and
 (b) it meets the form requirements mentioned in subsection (3).

Note: Sections 137.1 and 137.2 of the Criminal Code create offences for providing false or misleading information or documents.

 (3) The Employment Advocate may, by notice published in the Gazette, set out requirements for the form of a declaration for the purposes of paragraph (2)(b).

 (4) A declaration is given to the Employment Advocate for the purposes of subsection (2) only if the declaration is actually received by the Employment Advocate.

Note: This means that section 29 of the Acts Interpretation Act 1901 (to the extent that it deals with the time of service of documents) and section 160 of the Evidence Act 1995 do not apply to lodgment of a declaration.

 (5) The Employment Advocate is not required to consider or determine whether any of the requirements of this Part have been met in relation to the making or content of anything annexed to a declaration lodged in accordance with subsection (2).