Victorian Current Acts

WAGE THEFT ACT 2020

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purposes  
   2.      Commencement  
   3.      Definitions  
   4.      Act binds the Crown  
   5.      Application of Act  

   PART 2--WAGE THEFT OFFENCES

   6.      Dishonest withholding of employee entitlements  
   7.      Falsification of employee entitlement record  
   8.      Failure to keep employee entitlement record  
   9.      Complicity in commission of offence  
   10.     Body corporate liability for offence by officer  
   11.     Attribution to body corporate of conduct, knowledge, intention and belief of officers and associates  
   12.     Factors relevant to corporate culture in body corporate  
   13.     Officers' liability for employee entitlement offence  
   14.     Offences by partnerships and partners  
   15.     Offences by unincorporated associations  
   16.     Responsible agency for the Crown  
   17.     Proceedings against successors to public bodies  
   18.     Maximum fine for body corporate for indictable offence heard and determined summarily  

   PART 3--WAGE INSPECTORATE VICTORIA AND COMMISSIONER

           Division 1--The Wage Inspectorate Victoria

   19.     Establishment of the Wage Inspectorate Victoria  
   20.     Functions of the Wage Inspectorate Victoria  
   21.     Powers of the Wage Inspectorate Victoria  
   22.     Guiding principles of the Wage Inspectorate Victoria  
   23.     Staff of the Wage Inspectorate Victoria  
   24.     Ministerial directions  

           Division 2--Commissioner of the Wage Inspectorate Victoria

   25.     Appointment of Commissioner  
   26.     Terms and conditions of appointment  
   27.     Vacancy and resignation  
   28.     Removal from office  
   29.     Acting appointment  
   30.     Functions and powers of Commissioner  
   31.     Power to delegate  

   PART 4--INVESTIGATIONS BY THE WAGE INSPECTORATE VICTORIA

           Division 1--Investigating employee entitlement offences

   32.     Wage Inspectorate Victoria may investigate possible employee entitlement offences  

           Division 2--Inspectors

   33.     Appointment of inspectors  
   34.     Identity cards  
   35.     Inspectors subject to Wage Inspectorate Victoria's directions  
   36.     Inspectors may perform functions and exercise powers for certain purposes  
   37.     Inspectors may exercise powers only at certain premises  

           Division 3--Entry, search and seizure with consent

   38.     Entry, search and seizure with consent  
   39.     Entry of premises open to the public  

           Division 4--Entry, search and seizure without consent or warrant

   40.     Limited power of entry, search and seizure without consent or search warrant  
   41.     Notice requirements  
   42.     Report to Victorian Inspectorate  
   43.     Entry without consent or warrant  

           Division 5--Entry, search and seizure with search warrant

   44.     Search warrants  
   45.     Form and content of search warrants  
   46.     Announcement before entry  
   47.     Seizure of document or other things not described in the warrant  

           Division 6--Production of documents and records

   48.     Power to require production of documents and answer questions  
   49.     Privilege against self-incrimination abrogated in respect of production of documents  

           Division 7--Retention and return of seized document or other things

   50.     Retention and return of seized documents or things  
   51.     Magistrates' Court may extend 3 month period  

           Division 8--Power of the Wage Inspectorate Victoria to require attendance, etc.

   52.     Wage Inspectorate Victoria may compel production of documents and other things or attendance  
   53.     Additional notice requirements  
   54.     Report to Victorian Inspectorate  
   55.     Privilege against self-incrimination abrogated in respect of production of documents  
   56.     Notice given to person under 16 years  
   57.     Provisions relating to attendances  
   58.     Audio or video recording of attendances  
   59.     Power to take evidence on oath or affirmation  
   60.     Powers in relation to documents and other things  
   61.     Legal representation of persons attending and other persons  
   62.     Part does not require disclosure of privileged information  

   PART 5--GENERAL MATTERS

           Division 1--Enforceable undertakings

   63.     Wage Inspectorate Victoria may accept an undertaking  
   64.     Certain actions prohibited while undertaking is in force or is complied with  
   65.     Failure to comply with enforceable undertakings  

           Division 2--Offences

   66.     Offences relating to hindering or obstructing inspectors, etc.  
   67.     Offence relating to allowing entry of person assisting an inspector  
   68.     Offence to fail to take oath, make affirmation or answer question  
   69.     Offence for failure to attend, etc.  
   70.     Offence to give false or misleading information  

           Division 3--Referrals

   71.     Referral to the Office of Public Prosecutions  
   72.     Consultation prior to referral  
   73.     Information to be provided with referral  

           Division 4--Other general matters

   74.     Validity of acts and decisions  
   75.     Immunity for carrying out functions  
   76.     Prohibition of discrimination against a person for complying with Act  
   77.     Confidentiality  
   78.     Conduct of officers, employees and agents of bodies corporate  

           Division 5--Regulations

   79.     Regulations  
           ENDNOTES