Australian Capital Territory
Truck Act 1900  (repealed)    
A1900-55
Republication No 6
Effective:  15 June 2013
Republication date: 15 June 2013
As repealed by A2013‑19 sch 4 pt 4.2

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Truck Act 1900  (repealed) (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)).  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 15 June 2013.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).

Australian Capital Territory
Truck Act 1900  (repealed)

Contents
	Page
	1A	Name of Act	2
	1B	Dictionary	2
	1C	Notes	2
	1	Wages payable in money	2
	2	Stipulation about way of spending wages	3
	3	Payment of wages	3
	4	No set-off to be allowed for goods supplied to worker by employer	4
	5	Employer not to have action for goods supplied to worker	4
	6	Sharpening and repairing tools	4
	7	Payment of wages may be made by cheque	5
	8	Service of legal process	5
	9	Illegal contracts and payments	6
	10	Cases to which this Act does not apply	6
Dictionary		8
Endnotes
	1	About the endnotes	9
	2	Abbreviation key	9
	3	Legislation history	10
	4	Amendment history	12
	5	Earlier republications	13

Australian Capital Territory
Truck Act 1900  (repealed)

An Act to regulate contracts made in relation to, and the payment of, wages; to prohibit payment of wages being made in goods or otherwise than in money; and to regulate the service of legal process

    

1A	Name of Act
This Act is the Truck Act 1900.
1B	Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1	The dictionary at the end of this Act defines certain terms used in this Act.
Note 2	A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
1C	Notes
A note included in this Act is explanatory and is not part of this Act.
Note	See the Legislation Act s 127 (1), (4) and (5) for the legal status of notes.
1	Wages payable in money
	(1)	In every contract made with any worker, the wages of the worker shall be made payable in money only, and not otherwise; and if by agreement, custom, or otherwise, a worker is entitled to receive, in anticipation of the regular period of the payment of his or her wages, an advance as part, or on account, the wages, it shall not be lawful for the employer to withhold the advance, or make any deduction in relation to the advance, on account of poundage, discount or interest, or any similar charge.
Maximum penalty:  50 penalty units.
	(2)	If, in any such contract, the whole, or any part, of such wages shall be made payable in any way other than in money, or shall provide for any deduction or charge as aforesaid in relation to any advance of the whole, or part, of the wages of the worker, the contract shall be, and is declared, illegal and void so far as any promise or consideration made or given by, or arising out of, the contract relates to the payment of the wages otherwise than in money, or as to making any such deduction or charge as mentioned in subsection (1); and the promise or consideration shall be deemed to be severable from the other part of the contract, which shall otherwise be and remain in force.
2	Stipulation about way of spending wages
No employer shall, directly or indirectly, by himself or herself or his or her agent, impose as a condition, express or implied, in or for the employment of any worker, any terms about the place where, how or the person with whom any wages, or part of wages, paid to the worker are or is to be expended, or any terms requiring the worker to reside on the lands of the employer; and no employer shall, by himself or herself or his or her agent, dismiss any worker from his or her employment on account of the place where, how or the person with whom any wages, or part of wages, paid by the employer to the worker were or was expended, or were or was not expended, or on account of the worker not residing on the lands of the employer.
Maximum penalty:  50 penalty units.
3	Payment of wages
The entire amount of the wages earned by, or payable to, any worker shall be actually paid to the worker in money, and not otherwise, at intervals of not more than 14 days, if demanded, any contract to the contrary notwithstanding; and every payment made to any worker by his or her employer of, or in relation to, any such wages by the delivering to him or her of goods, or otherwise than in money, except as mentioned in this Act, shall be, and is declared, illegal and void; and every worker shall be entitled to recover from his or her employer, in any court of competent jurisdiction, the whole, or so much, of the wages earned by the worker as shall not have been actually paid to him or her by his or her employer in money. 
Maximum penalty:  20 penalty units.
4	No set-off to be allowed for goods supplied to worker by employer
In any action brought or begun by any worker against his or her employer for the recovery of any sum of money due to the worker as his or her wages—
	(a)	the defendant shall not be allowed to make any set-off, nor to claim any reduction of the plaintiff’s demand, because of, or in relation to, any goods had or received by the plaintiff as or on account of his or her wages, or because of, or in relation to, any goods sold, delivered or supplied at any shop, store, house, or premises kept by or belonging to the employer, or in the profits of which the employer shall have any share or interest; and
	(b)	the defendant shall not be entitled to any set-off in relation to any goods supplied to the plaintiff by any person under any order or direction of the defendant or his or her agent.
5	Employer not to have action for goods supplied to worker
No employer shall have, or be entitled to maintain, any action in any court against any worker for, or in relation to, any goods sold, delivered or supplied to the worker by the employer while in his or her employment as, or on account of, his or her wages, or for, or in relation to, any goods sold, delivered or supplied to the worker at any shop, store, house or premises kept by, or belonging to, the employer, or in the profits of which the employer shall have any share or interest.
6	Sharpening and repairing tools
No deduction shall be made from the wages of a worker for sharpening or repairing tools, except by agreement.
Maximum penalty:  5 penalty units.
7	Payment of wages may be made by cheque
	(1)	Nothing contained in this Act shall be construed to prohibit the making of, or render invalid, any contract for the payment, or any actual payment, to any worker of the whole or any part of his or her wages in a cheque or draft, payable to the bearer on demand and drawn on any bank, credit union or building society carrying on business in the ACT or in an order in writing for the payment of money to the bearer on demand drawn on any person, company or association carrying on business in the ACT, other than a retail shopkeeper, or publican, if the worker shall freely consent to receive the cheque, draft, or order, but all payments so made with consent, shall, for this Act, be as valid as if made in money.
	(2)	However, if wages shall be paid to any worker by a cheque, draft, or order in writing mentioned in subsection (1), and it shall be dishonoured, the worker shall be entitled to recover from his or her employer, in addition to any wages due or payable to the worker, such reasonable damages as he or she may have sustained in consequence of the dishonour of the cheque, draft, or order in writing, and the damages shall be recoverable in any court of competent jurisdiction.
8	Service of legal process
	(1)	Service of any legal process for, or incidental to, the recovery of wages, or damages for nonpayment of wages, or in relation to the dishonour of any cheque, draft, or order given in relation to wages, may be effected on the employer by leaving the process with, or delivering it to, the manager or overseer for the time being of the works at, or in relation to which, the wages shall have been earned. 
	(2)	This section shall not affect any other method of service allowed by law.
9	Illegal contracts and payments
An employer shall not enter a contract or make a payment declared under this Act to be illegal and void (whether wholly or in part).
Maximum penalty:  50 penalty units.
10	Cases to which this Act does not apply
	(1)	This Act shall not extend or apply—
	(a)	if an employer or his or her agent supplies or contracts to supply, to any worker, any medicine or medical attendance, or any fuel, materials, tools, appliances, or implements to be, by the worker, employed in his or her trade, labour or occupation; or
	(b)	if an employer of his or her agent supplies, or contracts to supply, to any worker who has engaged with him or her to fell bush, to ringbark trees or to clear land of bush the necessary outfit and means of support and materials or tools required for beginning his or her engagement, to any amount, not exceeding, in any case, the amount of 2 months wages, to be earned by the worker in such engagements; or
	(c)	if the employer or his or her agent supplies, or contracts to supply, to any worker any hay, corn or other provender to be consumed by any horse or other beast of burden employed by the worker in his or her trade, labour or occupation; or
	(d)	if the employer or his or her agent allows the worker the use of a tenement as part of his or her wages, or in addition to his or her wages, or any other allowance or privilege in addition to money wages as a remuneration for his or her services; or
	(e)	to prevent any employer from advancing any money for the relief of a worker and his or her domestic partner or family in sickness, or from advancing any money to any member of the family of a worker by his or her order, nor from deducting or contracting to deduct any such sum or sums of money from the wages of the worker; or
Note	For the meaning of domestic partner, see Legislation Act, s 169.
	(f)	to mariners or domestic servants or to persons employed in or in connection with agricultural or pastoral pursuits.
	(2)	However, no deduction, or stoppage of wages, shall exceed the amount of money advanced, or the value of any fuel, tools, implements, hay, corn, provender, victuals, drink or materials supplied to the worker.

Dictionary
(see s 1B)
Note 1	The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2	For example, the Legislation Act, dict, pt 1, defines the following terms:
·	ACT
·	bank
·	credit union
·	penalty unit (see s 133).
contract includes any agreement, understanding, device, contrivance, collusion, or arrangement whatsoever on the subject of wages, whether written or oral, direct or indirect, to which the employer and worker are parties, or are assenting, or by which they are mutually bound to each other, or where either of them shall have endeavoured to impose an obligation on the other of them.
employer includes any master, manager, supervisor, clerk, or other person engaged in the hiring, employment or superintendence of the service, work or labour of any worker.
money means currency of Australia provided for by the Currency Act 1965 Cwlth, Australian notes within the meaning of the Reserve Bank Act 1959 Cwlth, part 5, or postal orders issued by the Australian Postal Corporation.
wages includes any money or thing had, or contracted to be paid, delivered or given, as a recompense, reward or remuneration for any service, work or labour done, or to be done, whether within a certain time, to a certain amount or for a time or amount uncertain.
worker means any person in any manner employed in work of any kind or in manual labour, whether under 21 years old or over that age.

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
2	Abbreviation key

A = Act	NI = Notifiable instrument	
AF = Approved form	o = order	
am = amended	om = omitted/repealed	
amdt = amendment	ord = ordinance	
AR = Assembly resolution	orig = original	
ch = chapter	par = paragraph/subparagraph	
CN = Commencement notice	pres = present	
def = definition	prev = previous	
DI = Disallowable instrument	(prev...) = previously	
dict = dictionary	pt = part	
disallowed = disallowed by the Legislative 	r = rule/subrule	
Assembly	reloc = relocated	
div = division	renum = renumbered	
exp = expires/expired	R[X] = Republication No	
Gaz = gazette	RI = reissue	
hdg = heading	s = section/subsection	
IA = Interpretation Act 1967	sch = schedule	
ins = inserted/added	sdiv = subdivision	
LA = Legislation Act 2001	SL = Subordinate law	
LR = legislation register	sub = substituted	
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced	
mod = modified/modification	or to be expired	

3	Legislation history
This Act was originally a NSW Act—the Truck Act 1900 A1900‑55 (NSW).
The Act was in force in NSW immediately before 1 January 1911 (the date of establishment of the ACT) and was continued in force by the Seat of Government Acceptance Act 1909 (Cwlth), s 6.
Under the Seat of Government (Administration) Act 1910 (Cwlth), s 4 the Act had effect in the ACT as if it were an ACT law (subject to ordinances made under the Seat of Government (Administration) Act 1910).
The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former NSW laws in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day).
Under the Interpretation Act 1967 A1967-48 (repealed) s 65, all former NSW Acts in force in the ACT immediately before 10 November 1999 (including this Act) became, for all purposes, laws made by the ACT Legislative Assembly. This completed the process of making former NSW Acts fully into ACT laws.
Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).
	NSW legislation
Truck Act 1900 A1900‑55 
assented to 22 November 1900
commenced 1 January 1901
as amended by
Truck Amendment Act 1901 A1901‑49
assented to 19 November 1901
commenced 19 November 1901
	Commonwealth legislation
New South Wales Acts Ordinance 1986 Ord1986‑91 sch 2 pt 7
notified 12 January 1987 (Cwlth Gaz 1987 No S1)
commenced 12 January 1987 (see Seat of Government (Administration) Act 1910 (Cwlth), s 12)
	Legislation after becoming Territory enactment
Truck (Amendment) Act 1990 A1990‑35 
notified 30 October 1990 (Gaz 1990 No S72)
ss 1-3 commenced 30 October 1990 (s 2 (1))
remainder commenced 1 December 1990 (s 2 (2) and see Gaz 1990 No 46)
Financial Institutions (Removal of Discrimination) Act 1997 A1997‑88 sch
notified 1 December 1997 (Gaz 1997 No S380)
s 1, s 2 commenced 1 December 1997 (s 2 (1))
sch commenced 31 December 1997 (s 2 (2) and Gaz 1997 No S442)
Statute Law Revision (Penalties) Act 1998 A1998‑54 sch
notified 27 November 1998 (Gaz 1998 No S207)
s 1, s 2 commenced 27 November 1998
sch commenced 9 December 1998 (s 2 and Gaz 1998 No 49)
Statute Law Amendment Act 2001 (No 2) A2001‑56 pt 3.48
notified 5 September 2001 (Gaz 2001 No S65)
s 1, s 2 commenced 5 September 2001 (IA s 10B)
pt 3.48 commenced 5 September 2001 (s 2 (1))
Legislation (Gay, Lesbian and Transgender) Amendment Act 2003 A2003-14 sch 1 pt 1.34
notified LR 27 March 2003
s 1, s 2 commenced 27 March 2003 (LA s 75 (1))
sch 1 pt 1.34 commenced 28 March 2003 (s 2)
Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.108
notified LR 22 March 2007
s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))
sch 3 pt 3.108 commenced 12 April 2007 (s 2 (1))
as repealed by
Statute Law Amendment Act 2013 A2013-19 sch 4 pt 4.2
notified LR 24 May 2013
s 1, s 2 commenced 24 May 2013 (LA s 75 (1))
sch 4 pt 4.2 commenced 14 June 2013 (s 2)

4	Amendment history
The New South Wales Acts Act 1986 A1986-91 sch 2 pt 7 sets out the text of this Act in an amended form and provided for the amended form to apply as the text of the Act in force in the ACT.  This endnote, therefore, only details amendments made after the enactment of the 1986 Act.
Name of Act
s 1A	ins A2001‑56 amdt 3.482
Dictionary
s 1B	(prev s 12) reloc A2001‑56 amdt 3.486
	defs reloc to dict A2007‑3 amdt 3.533
	sub A2007‑3 amdt 3.534
Notes
s 1C	ins A2007‑3 amdt 3.534
Wages payable in money
s 1	am A1990‑35 s 4, sch; A1998‑54 sch; A2001‑56 amdt 3.483
Stipulation about way of spending wages
s 2	am A1990‑35 s 5, sch; A1998‑54 sch; A2001‑56 amdt 3.483
Payment of wages
s 3	am A1990‑35 s 6, sch; A1998‑54 sch; A2001‑56 amdt 3.484
No set-off to be allowed for goods supplied to worker by employer
s 4	am A1990‑35 sch
Employer not to have action for goods supplied to worker
s 5	am A1990‑35 sch
Sharpening and repairing tools
s 6	am A1990‑35 s 7, sch; A1998‑54 sch; A2001‑56 amdt 3.485
Payment of wages may be made by cheque
s 7	am A1990‑35 sch; A1997‑88 sch; R2 LRA
Service of legal process
s 8	am R2 LRA
Illegal contracts and payments
s 9	sub A1990‑35 s 8
	am A1998‑54 sch; A2001‑56 amdt 3.483
Cases to which this Act does not apply
s 10	am A1990‑35 sch; R2 LRA; A2003‑14 amdt 1.106, amdt 1.107
Definitions for Act
s 12	reloc as s 1B
Short title
s 13	om A2001‑56 amdt 3.487
Dictionary
dict	ins A2007‑3 amdt 3.535
	def contract am A1990‑35 sch
	reloc from s 1B A2007‑3 amdt 3.533
	def employer am A1990‑35 sch
	reloc from s 1B A2007‑3 amdt 3.533
	def money reloc from s 1B A2007‑3 amdt 3.533
	def wages reloc from s 1B A2007‑3 amdt 3.533
	def worker am A1990‑35 sch
	reloc from s 1B A2007‑3 amdt 3.533
5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.  
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical. 

Republication No	Amendments to	Republication date	
1	A1990‑35	30 November 1994	
2	A1998‑54	31 July 1999	
3	A2001‑56	7 August 2002	
4	A2003‑14	28 March 2003	
5	A2007-3	12 April 2007	

©  Australian Capital Territory 2013