Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:16_29
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 16 cl 29
Character Range: 1152350–1154906

29  Lodging copy of notice with Employment Advocate

Only one transferring employee

 (1) If an employer:
 (a) gives a notice under subclause 28(2) to a transferring employee in relation to a pre‑reform AWA; or
 (b) gives a notice under subclause 28(2) to the only person who is a transferring employee in relation to a pre‑reform certified agreement or State transitional instrument;
the employer must lodge a copy of the notice with the Employment Advocate within 14 days after the notice is given to the transferring employee. The copy must be lodged in accordance with subclause (4).

Note 1: This is a civil remedy provision, see clause 31.

Note 2: Sections 137.1 and 137.2 of the Criminal Code create offences for providing false or misleading information or documents.

Multiple transferring employees and notices all given on the one day

 (2) If:
 (a) an employer gives a number of notices under subclause 28(2) to people who are transferring employees in relation to a pre‑reform certified agreement or State transitional instrument; and
 (b) all of those notices are given on the one day;
the employer must lodge a copy of one of those notices with the Employment Advocate within 14 days after that notice is given. The copy must be lodged in accordance with subclause (4).

Note 1: This is a civil remedy provision, see clause 31.

Note 2: Sections 137.1 and 137.2 of the Criminal Code create offences for providing false or misleading information or documents.

Multiple transferring employees and notices given on different days

 (3) If:
 (a) an employer gives a number of notices under subclause 28(2) to people who are transferring employees in relation to a pre‑reform certified agreement or State transitional instrument; and
 (b) the notices are given on different days;
the employer must lodge a copy of the notice, or one of the notices that was given on the earliest of those days, with the Employment Advocate within 14 days after that notice is given. The copy must be lodged in accordance with subclause (4).

Note 1: This is a civil remedy provision, see clause 31.

Note 2: Sections 137.1 and 137.2 of the Criminal Code create offences for providing false or misleading information or documents.

 (4) A notice is lodged with the Employment Advocate in accordance with this subclause only if it 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) does not apply to lodgment of a notice.