Criminal Code and Other Legislation (Wage Theft) Amendment Bill 2020 (Qld)

An Act to amend the Criminal Code, the Industrial Relations Act 2016, the Magistrates Courts Act 1921 and the Queensland Civil and Administrative Tribunal Act 2009 for particular purposes The Parliament of Queensland enacts—

Part 1 Preliminary

1 Short title This Act may be cited as the Criminal Code and Other Legislation (Wage Theft) Amendment Act 2020.

2 Commencement Parts 3 to 5 commence on a day to be fixed by proclamation.

Part 2 Amendment of Criminal Code

3 Code amended This part amends the Criminal Code.

4 Amendment of s 391 (Definition of stealing ) (1) Section 391(2AA)— omit. (2) Section 391— insert— (6A) For stealing that is a failure to pay an employee, or another person on behalf of the employee, an amount payable to the employee or other person in relation to the performance of work by the employee— (a) the amount is a thing that is capable of being stolen; and (b) subsection (6) does not apply; and (c) the amount is converted to the person's own use when— (i) the amount becomes, under an Act, industrial instrument or agreement, payable to the employee or to the other person on behalf of the employee; and (ii) the amount is not paid. (3) Section 391(7)— insert— Act includes an Act of another State or the Commonwealth. industrial instrument means— (a) an industrial instrument under the Industrial Relations Act 2016, schedule 5; or (b) a fair work instrument under the Fair Work Act 2009 (Cwlth). special property, in a thing, includes— (a) a charge or lien on the thing; and (b) a right arising from or dependent on holding possession of the thing, whether by the person entitled to the right or by another person for the other person's benefit; and (c) a right of an employee, in relation to the performance of work by the employee— (i) to be paid the thing; or (ii) to have the thing paid to another person on behalf of the employee.