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STATE PENALTIES ENFORCEMENT ACT 1999 - SECT 83
Provisions for working out earnings for s 82
83 Provisions for working out earnings for s 82
(1) This section applies for working out the amount of earnings an employer
pays to an employee.
(2) Any amount an employer pays to an employee for
piecework is taken to have been paid to the employee for the period that
started when the employee started the work and ended when the work ended.
(3)
Any amount an employer pays to an employee for services under a contract that
is wholly or principally for the labour of the employee is taken to have been
paid to the employee for the period that started when the employee started to
provide the services and ended when the provision of the services ended.
(4)
Any amount an employer pays for other work performed or services provided, but
not for a particular period, is taken to have been paid for the period of 52
weeks ending the day before the day the amount is paid.
(5) If the employee
is entitled to be paid an amount for a period of more than 1 week, the
employer is taken to have paid an amount of earnings to the employee for each
week or part of a week in the period, worked out by dividing the amount of
earnings actually paid by the number of days in the period and multiplying the
result— (a) for each week—by 7; and
(b) for a part of a week—by the
number of days in the part of the week.
(6) If an employer pays earnings for
a week or part of a week in 2 or more separate amounts, the amounts must be
aggregated, and the employer may make a deduction from 1 amount or partly from
2 or more amounts.
(7) For this section, the amount of any earnings is taken
to be the amount of the earnings after deducting any amount the employer is
required to deduct from the earnings under the
Taxation Administration Act 1953 (Cwlth) .
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